Perhaps finally resolving an issue that has yo-yoed from the bankruptcy court to the Eighth Circuit, and cutting through the metaphysics of whether a judgment against only one spouse can become a...
In a sad tale of family discord and proof of the adage that "no good deed goes unpunished," the BAP affirmed the bankruptcy court's judgment that the debtor's obligations to her daughter and...
Judge(s):
DEASY, CARY, FAGONE, United States Bankruptcy Appellate Panel Judges
In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
In a case with the thinnest of connections to bankruptcy (the owners of the corporate defendant filed for bankruptcy relief; Sara Wenner then was dismissed from the federal ERISA litigation), the...
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
The evidentiary record did not support a finding that the bankruptcy court had committed reversible error by entering judgment in favor of the debtor in nondischargeability litigation. The BAP will...
