The Court of Appeals affirmed the Bankruptcy Appellate Panel's ruling. See 8th Cir. R 47 B.
Specifically, the court refused to consider an argument from the trustee indicating the burden of proof...
The Bankruptcy Appellate Panel reversed the bankruptcy court's ruling. In its reversal, the BAP ruled that the creditor's judicial liens are avoidable, reversed the bankruptcy court's denial of...
Judge(s):
Chief Judge - KRESSEL
Bankruptcy Judges - SCHERMER and SALADINO
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail