Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling:
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just...
Clear Sky Properties, LLC v. Roussel (In re Roussel), No. 14-1150 (8th Cir. October 3, 2014)
Ruling:
Eighth Circuit dismissed debtor's appeal for lack of jurisdiction pursuant to 28 USC 158. Eighth Circuit ruled that district court decision, reversing bankruptcy court and remanding for...
Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)
Ruling:
Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was...
Tolotti v. Seaboard Produce Distributors, Inc. (In re Tolotti), BAP No. CC-14-1019-TaPaKi (BAP 9th Cir. August 25, 2014)
Ruling:
BAP affirmed bankruptcy court's application of issue preclusion to certain issues from state court default judgment to motion for summary judgment, but reversed bankruptcy court's finding that...
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling:
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor...
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling:
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming...
Judge(s):
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
Bagley v. U.S.A. (In re Desert Capital REIT, Inc.), BAP Nos. NV-13-1233-KiTaJu & NV-13-1250-KiTaJu (BAP 9th Cir. Aug. 11, 2014)
Ruling:
The 9th Circuit BAP affirmed the ruling of the U.S. Bankruptcy Court for the District of Nevada. The bankruptcy court properly granted the U.S. (IRS) summary judgment in allowing its claim. The...
Cherry v. Neuschafer (In re Neuschafer), No. KS-13-1030 & KS-13-1035 (BAP 10th Cir. June 12, 2014)
Ruling:
BAP affirmed bankruptcy court judgment applying issue preclusion to except from discharge state court fraud in the inducement judgment. BAP also affirmed bankruptcy court's judgment not to except...
Knaub v. Rollison, No. 13-1503 (10th Cir. May 9, 2014)
Ruling:
Tenth Circuit ruled that it lacked jurisdiction to review appeal of BAP's reversal and remand order. Tenth Circuit ruled that because BAP remanded to bankruptcy court to take evidence and rule on...
Cox v. Momar Inc., No. 13-1721 (8th Cir. April 10, 2014)
Ruling:
The 8th Circuit affirmed the U.S. District Court's (E.D. Arkansas) grant of summary judgment in favor of defendant, finding that ordinary course of business exception barred avoidability of...
