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Summaries by Leslie Harrell-Latham
- Ruling:
- Eighth Circuit held that the affirmative defense of 547(c)(5) is unavailable to creditors not holding a perfected security interest at the onset of the preference period. The court explained that...
- Judge(s):
- Colloton, Clevenger, and Benton
- Tag(s):
-
- Ruling:
- The Eighth Circuit BAP affirmed the judgment against the Trustee in his turnover action that was predicated entirely upon an unjust enrichment claim. The BAP held that section 542(b) and not...
- Judge(s):
- Kressel, Schermer, and Venters
- Tag(s):
-
- Citation:
- (8th Circuit, Dec 31,1969)
- Ruling:
- The BAP deferred to the bankruptcy court's fact-finding and affirmed the decision denying the 727 and 523 claims. In applying the standard of clear error, the BAP proceeded to review the elements...
- Judge(s):
- Nail, Kressel, and Saladino
- Tag(s):
-
- Citation:
- (8th Circuit, Dec 31,1969)
- Ruling:
- The BAP affirmed the bankruptcy court's holding that the debt was not dischargeable under 523(a)(2)(A) and (B). After reiterating that clear error was the standard of review, the BAP first...
- Judge(s):
- Nail, Kressel, Schermer
- Tag(s):
-
- Citation:
- (8th Circuit, Dec 31,1969)
- Citation:
- (8th Circuit, Dec 31,1969)
- Ruling:
- The 8th Circuit BAP reversed the bankruptcy court's ruling that a trailer modified for use as a residence was exempt under the Missouri homestead exemption. The BAP agreed with the Trustee's...
- Judge(s):
- Schermer, Kressel, Nail
- Tag(s):
-
- Citation:
- (8th Circuit, Dec 31,1969)
- Ruling:
- An adversary challenging a completed 363 sale was considered in the context of Rule 60(b) in lieu of 363(m) because there had not been an appeal of the order approving the sale. BAP affirmed the...
- Judge(s):
- Nail, Saladino, Kressel
- Tag(s):
-
- Citation:
- (8th Circuit, Dec 31,1969)
- Citation:
- Marino v. Seeley (In re Marino), 8th Cir. 2010
- Ruling:
- The commencement or continuation of a proceeding regarding domestic violence is not subject to the automatic stay. The court deferred to the plain meaning of the term "domestic violence" to...
- Judge(s):
- Nail, Venters, Saladino
- Tag(s):
-
- Citation:
- (8th Circuit, Dec 31,1969)
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