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Summaries by Michael Tamburini
- Citation:
- Fisette v. Keller, No. 11-3119 (8th Cir. BAP, September 12, 2012)
- Ruling:
- The BAP dismissed the US Trustee's appeal of the BAP's prior order order because that order was interlocutory in that "further judicial activity" by the bankruptcy court remained to be completed.
- Judge(s):
- Wollman, Beam, and Loken.
- Tag(s):
-
- Citation:
- Thompson v. Thompson, No. 11-6008 (BAP 8th Cir. 2011)
- Ruling:
- The BAP affirmed the judgment of the Bankruptcy Court determining the debt owed to Reshetar Systems, Inc. by the debtor was not excepted from discharged under 11 U.S.C. Sections 523(a)(4) or (6).
- Judge(s):
- Schermer, Venters, and Nail
- Tag(s):
-
- Citation:
- Montgomery Bank, N.A. v. Steger, No 12-6018 (BAP 8th Cir., June 14, 2012)
- Ruling:
- The bankruptcy court's findings that there was no evidence that the Debtor had made a false statement to establish a claim under Section 523(a)(2)(A) and that the Bank had failed to identify a tort...
- Judge(s):
- Kressel, Federman, and Nail.
- Tag(s):
-
- Citation:
- Johnson v. Fink, No. 11-6037 (BAP 8th Cir., November 2, 2011)
- Ruling:
- Once a chapter 13 plan is confirmed, it is binding upon the debtor unless the plan is modified and approved by the court under Sec. 1329(a) after a substantial change in circumstances. A plan...
- Judge(s):
- Kressel, Saladino, Nail
- Tag(s):
-
- Citation:
- United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
- Ruling:
- The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
- Judge(s):
- Kressel, Schermer, and Venters
- Tag(s):
-
- Citation:
- United States Bankruptcy Panel for the Eighth Circuit, No. 11-6055
- Ruling:
- The BAP affirmed the decision of the bankruptcy court denying the debtor's discharge under Section 727(a)(4)(A), based on the finding that the debtor knowingly omitted material information from his...
- Judge(s):
- Schermer, Venters, and Saladino.
- Tag(s):
-
- Citation:
- United States Bankruptcy Panel for the Eighth Circuit, No. 11-6014
- Ruling:
- The BAP held that while the primary measure of fraud in Missouri is the claimant's benefit of the bargain, under certain circumstances, an "out of pocket" measure of damages is authorized and must...
- Judge(s):
- Kressel, Federman, and Saladino
- Tag(s):
-
- Citation:
- United States Court of Appeals for the Eighth Circuit, No. 10-2568
- Ruling:
- The court held that a purportedly secured lender's claims against non-debtor insiders of the borrower entity, which had been placed in federal court receivership, were not barred by the anti-suit...
- Judge(s):
- Wollman, Bye, and Shepherd
- Tag(s):
-
- Citation:
- United States Court of Appeals for the Eighth Circuit, No. 10-2117, No. 2123, Appeals from the United States District Court for the Western District of Arkansas, August 12, 2011
- Ruling:
- The Court held that because the debtor was the beneficiary of a valid spendthrift trust under non-bankruptcy law, her interest in the distributions of net income from that spendthrift trust was...
- Tag(s):
-
- Citation:
- BAP, Case No. 11-6028, Appeal from the United States Bankruptcy Court for the District of Minnesota, August 3, 2011
- Ruling:
- The BAP reversed the bankruptcy court's order denying the secured lender's motion to remand replevin actions, which had been removed from state court to the bankruptcy court, because the matters...
- Tag(s):
-
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