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...
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
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...
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...
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...
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...
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
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
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....
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...
