Riffenburg v. Rice (In re Roper)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 months 3 weeks ago

Citation:

No. 25-6008 (8th Circuit, Dec 16,2025) Published

Case Status:

Dismissed

Ruling:

Over a dissent, the U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from an order approving a Chapter 7 Trustee's free-and-clear sale of a debtor's half-interest in real...

Judge(s):

Hastings, Surratt-States, and Norton

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Family/Divorce Issues
• 11 U.S.C. § 363(b)
• (m) and (h)
• 11 U.S.C. § 544(a)(3)

In re: Pro-Mark Services, Inc

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 months 3 weeks ago

Citation:

24-6008 (8th Circuit, Oct 20,2025) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) reversed the order of the U.S. Bankruptcy Court for the District of North Dakota (BC) granting Capital Credit Union (CCU) relief...

Judge(s):

Phyllis M. Jones; Cynthia A. Norton; and Katherine A. Constantine

Tag(s):

• 8th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Finance and Banking
• Small Business
• 11 U.S.C. § 362(d)(1); 11 U.S.C. § 553

Hartford Accident and Indemnity Company v. Capital Credit Union

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 months 3 weeks ago

Citation:

No. 24-6008 (8th Circuit, Oct 20,2025) Published

Case Status:

Reversed and Remanded

Ruling:

In a dispute between two secured creditors over which has priority in the proceeds of encumbered accounts, courts must look to any intercreditor or similar agreements between the secured creditors...

Judge(s):

NORTON, CONSTANTINE, and JONES, Bankruptcy Judges

Tag(s):

• 8th Circuit
• Professional Practice Areas
• Finance and Banking
• 362(d)
• 553

Arrieta v. Smith (In re Smith)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 3 weeks ago

Citation:

No. 24-6011 (8th Circuit, Oct 17,2025) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held a bankruptcy court erred as a matter of law in finding that a creditor's claim for damages was not a "personal injury tort" claim for...

Judge(s):

SURRATT-STATES, NORTON, and JONES

Tag(s):

• 8th Circuit
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Family/Divorce Issues
• Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 7015
• 11 U.S.C. § 502(a); 11 U.S.C. § 726(a)(2)(c)(ii)

Scott Jencks v. AgVantage FS (In re Jencks)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 5 days ago

Citation:

24-6010 (8th Circuit, Aug 12,2025) Published

Case Status:

Reversed and Remanded

Ruling:

The United States Bankruptcy Appellate Panel for the Eighth Circuit overturned a bankruptcy court’s orders denying a lien avoidance motion and dismissing a related adversary proceeding. On the...

Judge(s):

Hastings, Surratt-States, and Constantine

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Fed. R. Bankr. P. 4003(c); Fed. R. Bankr. P. 7012
• 11 U.S.C. § 522(b) and (f)(1)

Rachel Duncanson v. Bank of North Dakota

• Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
• 7 months 18 hours ago

Citation:

No. 25-6001 (8th Circuit, Aug 12,2025) Published

Case Status:

Affirmed

Ruling:

The bankruptcy appellate panel affirmed the bankruptcy court’s decision that found Creditor’s claim to be dischargeable. The bankruptcy court did not err by finding the debt dischargeable after...

Judge(s):

Hastings, Surratt-States, and Jones

Tag(s):

• 8th Circuit
• Bankruptcy Litigation
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 523(a)(8)

Sammie Smith, Jr. v. Jack Gooding

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 7 months 5 days ago

Citation:

24-6009 (8th Circuit, Aug 12,2025) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Arkansas (BC) to dismiss two debtors chapter 13 case,...

Judge(s):

Shon Hastings; Cynthia A. Norton; and Katherine A. Constantine

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Consumer Bankruptcy
• 11 U.S.C. § 105(a); 11 U.S.C. § 109(g)(1); 11 U.S.C. § 349(a); U.S.C. § 1307

In re: SCOTT WARREN JENCKS AND LINDA LEE JENCKS

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 5 days ago

Citation:

24-6010 (8th Circuit, Aug 12,2025) Published

Case Status:

Reversed and Remanded

Ruling:

In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...

Judge(s):

HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 7012(b)

Duncanson v. Bank of N.D. (In re Duncanson)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 1 day ago

Citation:

25-6001 (8th Circuit, Aug 12,2025) Published

Case Status:

Affirmed

Ruling:

The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed a bankruptcy court's judgment that a debtor could discharge a $96k private student loan debt owed to the Bank/Appellant....

Judge(s):

Hasting, Surratt-States, and Jones

Tag(s):

• 8th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(8)

In re: SAMMIE SMITH, JR. AND ELIZABETH SMITH

• Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
• 7 months 5 days ago

Citation:

No. 24-6009 (8th Circuit, Aug 12,2025) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Eighth Circuit affirmed the bankruptcy court’s dismissal of Debtors’ case; however, it reversed the bankruptcy court’s decision barring Debtors from filing another case for a year. The...

Judge(s):

Hastings, Norton, and Constantine

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Consumer Bankruptcy

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