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McDermott v. Swanson (In re Swanson)

  • Summarized by Adam Kunst , Casner & Edwards, LLP
  • 13 years 9 months ago
Citation:
McDermott v. Swanson (In re Swanson), Case No. 12-6028 (8th Cir. BAP Aug. 17, 2012).
Ruling:
REVERSING and REMANDING the Bankruptcy Court decision, the 8th Circuit BAP found that although the failure to produce adequate financial records shifts the burden to the debtor to demonstrate a...
Judge(s):
Schermer, Venters, and Nail. Authored by Venters.
Tag(s):

McMaster v. Small (In re Small)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 13 years 9 months ago
Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Judge(s):
Stewart, Elrod and Southwick per curiam.
Tag(s):

Sikes v. Crager (In re Crager)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 13 years 9 months ago
Citation:
No citation yet. Case No. 11-30982
Ruling:
District Court's determination that Chapter 13 plan was not filed in good faith was a final order within meaning of 28 U.S.C. §158(d) and Circuit Court has jurisdiction to hear appeal. There is...
Judge(s):
Higginbotham, Haynes, and Higginson.
Tag(s):

Nuveen Municipal Trust v. WithumSmith Brown, P.C.

Citation:
Nuveen Municipal Trust v. Withumsmith Brown, P.C., No. 10-4633 (3d Cir. August 16, 2012)
Ruling:
Affirming the district court, the Third Circuit held that the district court did have “related to” jurisdiction under 28 U.S.C. § 1334(b) to adjudicate Appellant's action against the...
Judge(s):
Judges Ambro, Vanaskie, and Aldisert. (Judge Aldisert dissented to non-bankruptcy portions of the decision.)
Tag(s):

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