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Summaries by William Wallo

Meyer v. U.S. Bank National Association

Citation:
Meyer Trust v. U.S. Bank National Association, App. No. 14-1560 (8th Cir. July 6, 2015)
Ruling:
A revocable trust's appeal of summary judgment on tortious interference claim was not inherently frivolous, but was frivolously argued, warranting the imposition of double costs as a Rule 38...
Judge(s):
Riley, Loken and Smith
Tag(s):

Cutcliff v. Reuter

Citation:
Cutcliff v. Reuter, __ F.3d __, 2105 WL 3953147 (8th Cir. June 30, 2015)
Ruling:
The individual debtor did not have standing to appeal default judgment entered against a related limited liability company, although the co-trustee of a trust did have sufficient standing to do so....
Judge(s):
Loken, Melloy, and Gruender
Tag(s):

Seifert v. Carlson (In re Seifert)

Citation:
Seifert v. Carlson (In re Seifert), _ B.R. _, 2015 WL 3404317 (8th Cir. BAP May 22, 2015)
Ruling:
As the dispute over a chapter 12 debtor's exemption claim as to crop proceeds was not rendered moot by payment of those proceeds to a secured lender, the matter was reversed and remanded for...
Judge(s):
Federman, Nail, and Shodeen
Tag(s):

Rael v. Wells Fargo Bank (In re Rael)

Citation:
Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)
Ruling:
Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the...
Judge(s):
Karlin, Somers, and Jacobvitz
Tag(s):

Ritchie Captial Mgt., L.L.C. v. Kelley

Citation:
Ritchie Capital Management LLC v. Kelley, __ F.3d __, 2015 WL 1963696 (8th CIr. May 4, 2015)
Ruling:
Bankruptcy court approval of allocation of settlement proceeds was affirmed as the court did not abuse its discretion and had an adequate record to determine whether allocation was fair and in the...
Judge(s):
Bye, Beam, and Benton
Tag(s):

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