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Peet v. Checkett (In re Peet)

Citation:
Peet v. Checkett (In re Peet), No. 14-6033 (BAP 8th Cir. Apr. 22, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court overruling debtors' objection to chapter 7 trustee's motion to sell real estate and a pickup. BAP agreed that notwithstanding...
Judge(s):
Kressel, Schermer, Nail
Tag(s):

Wilson v. Walker (In re Walker)

Citation:
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling:
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b)...
Judge(s):
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
Tag(s):

O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.)

Citation:
O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), 2015 WL 1528302 (8th Cir. BAP April 7, 2015)
Ruling:
Bankruptcy Appellate Panel dismissed debtor's appeal from order confirming its third amended plan on grounds that the debtor did not have standing and the debtor's arguments were moot.
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Bowman v. Casamatta (In re: Bowman)

Citation:
Bowman v. Casamatta (In re Bowman), No. 14-6034 (BAP 8th Cir. Mar. 18, 2015)
Ruling:
BAP affirmed bankruptcy court's denial of motion to reopen chapter 11 case. Original case had been dismissed for cause nearly a decade prior before any plan was confirmed. BAP ruled that 11 USC...
Judge(s):
Kressel, Schermer, Nail
Tag(s):

Stoebner v. JPMorgan Chase Bank

Citation:
14-1154, 2015 WL 1020736
Ruling:
Eighth Circuit affirmed bankruptcy court's finding that liens should be avoided as fraudulent conveyances because a sufficient number of the traditional badges of fraud were present to give rise to...
Judge(s):
Riley, Wollman, and Bye
Tag(s):

Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation:
No. 13-3636 (8th Cir. Mar. 3, 2015).
Ruling:
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is...
Judge(s):
Murphy, Smith, and Gruender.
Tag(s):

BancInsure Inc. v. Highland Bank

Citation:
BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under...
Judge(s):
Loken, Beam, and Gruender
Tag(s):

PW Enterprises, Inc. v. State of North Dakota

Citation:
No. 14-1077 (8th Cir. Feb. 20, 2015).
Ruling:
North Dakota law, which did not explicitly authorize the state to collect taxes for “account wagering,” did not impliedly authorize the collection of such taxes either. Accordingly, taxes...
Judge(s):
Riley, Wollman, and Bye.
Tag(s):

Running v. Miller (In re Miller)

Citation:
No. 13-3682 (8th Cir. Feb. 13, 2015).
Ruling:
Funds taken from an individual retirement account for the purpose of purchasing an annuity retain their exempt status under 11 U.S.C. § 522(b)(3)(C) as “retirement funds…in a fund or account...
Judge(s):
Murphy, Smith, and Gruender.
Tag(s):

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