O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), 2015 WL 1528302 (8th Cir. BAP April 7, 2015)
Ruling:
Bankruptcy Appellate Panel dismissed debtor's appeal from order confirming its third amended plan on grounds that the debtor did not have standing and the debtor's arguments were moot.
iqbal v. Patel, __ F.3d __, 2015 WL 859541 (7th Cir. March 2, 2015)
Ruling:
Finding that the Rooker-Feldman doctrine did not preclude pursuit of the plaintiff's claims, the Seventh Circuit Court of appeals reversed the district court's dismissal of a civil racketeering...
Manchester v. Funderburgh (In re Funderburgh), 2015 WL 412774 (10th Cir. BAP February 2, 2015)
Ruling:
The BAP affirmed the bankruptcy court's denial of the debtor's discharge and avoidance of fraudulent transfers, ruling that the bankruptcy trustee was not precluded from asserting the claims by the...
Donner. v. Nicklaus, Appeal No. 13-4057 (10th Cir. February 19, 2015)
Ruling:
The Court of Appeals reversed a district court decision dismissing misrepresentation and other claims, and found that creditor's settlement with debtor in bankruptcy did not constitute an...
In re Expert South Tulsa, LLC, 2014 WL 6845675 (10th Cir. BAP December 4, 2014)
Ruling:
Escrow fund established pre-petition to guarantee completion of site improvements on real estate was not included in property of the estate, but bankruptcy court erred in sua sponte dismissal of...
Citizens Bank & Trust v. Security First Insurance Holdings, LLC (in re Brooke Capital Corp.), __ Fed. Appx. __, 2014 WL 6873180 (10th Cir. December 8, 2014)
Ruling:
In a priority dispute between lenders, those holding participation interests in a loan secured by stock were subject to the recharacterization of their participation interest as loans, which...
Bugg v. Gray (In re Gray), 2014 WL 6611089 (8th Cir. BAP November 24, 2014)
Ruling:
Bankruptcy court order awarding damages for willful violation of the automatic stay was affirmed as to actual damages but reversed as to punitive damages because there was no evidence of egregious,...
In re Clink, 2014 WL 5335735 (8th Cir. October 21, 2014)
Ruling:
The Eighth Circuit affirmed a decision imposing sanctions against an attorney for conduct related to the preparation of a debtor's bankruptcy schedules.
Larson v. Foster (In re Foster), Case No. 14-6007 (8th Cir. BAP 2014)
Ruling:
Court affirmed dismissal of creditor's fraudulent conveyance action and denial of creditor's motion for retroactive approval of prosecution of derivative action.
