Sailor Music v. Walker, Case No. 14-6012 (8th Cir. BAP August 8, 2014)
Ruling:
Bankruptcy court determination that debtor's violation of federal copyright laws constituted nondischargable willful and malicious injury was affirmed.
Shaffer v. Bird, II (In re Bird, II), No. 14-6003 (8th Cir BAP July 8, 2014)
Ruling:
The Eighth Circuit Court of Appeals affirmed the lower court's determination that a former bankruptcy trustee's breaches of fiduciary duty to bankruptcy estate constituted a non-dischargeable debt...
Borges v. AG New Mexico (In re Borges), BAP No. NM-13005 (BAP 10th Cir. 2014)
Ruling:
Creditor's lien on certain real estate could be avoided under 11 U.S.C. Section 544(a)(3) because under New Mexico law, the recording of a corrected mortgage which added property omitted from the...
Saracino v. Northpark East Assoc. (In re Saracino), BAP No. CO-13-031 (10th Cir. BAP March 14, 2014)
Ruling:
The bankruptcy appellate panel affirmed a decision dismissing the debtor's motion for contempt, finding insufficient evidence of any willful violations of the automatic stay.
Kaler v. Bala (In re Racing Services, Inc.), Case No. 13-1086 (8th Cir. February 27, 2014)
Ruling:
Bankruptcy court award of the cash value proceeds of a former employee's life insurance policy to her employer (the debtor) was reversed by the Eighth Circuit on the grounds that the debtor held...
Eighth Circuit Court of Appeals, No 12-4018 (Jan. 31, 2014)
Ruling:
The Eighth Circuit affirmed the lower courts' rulings that the debtors' proposed chapter 13 plan unfairly discriminated against other unsecured creditors by proposing to pay nondischargeable tax...