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Summaries by Michael Tamburini
- Citation:
- No. 11-6027, Appeal from the United States Bankruptcy Court for the District of South Dakota, July 5, 2011
- Ruling:
- The BAP affirmed the decision of the bankruptcy court that the trustee had not met his burden under Section 363(b)(3) to show that the benefit to the estate from the sale of the debtor's residence,...
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- Citation:
- United States Bankruptcy Appellate Panel for the Eighth Circuit, Federman (Schermer, Venters), Appeal from the United States Bankruptcy Court for the Eastern District of Arkansas (Evans), No. 10-6086, April 15, 2011
- Ruling:
- The BAP affirmed the Bankruptcy Court's ruling that unusual circumstances existed to justify the application of Section 363(a)(3) to extend the automatic stay to non-debtor, State approved...
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- Citation:
- United States Court of Appeals for the Eighth Circuit, No. 10-2031, An Appeal from a Decision of the Eighth Circuit Bankruptcy Appellate Panel
- Ruling:
- A reduction in in the value of an unperfected lender's original equity, as a result of undisclosed subsequent perfected liens in the same property, is not sufficient to satisfy Section...
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- Citation:
- No. 10-6046 (8th Cir. BAP, March 11, 2011)
- Ruling:
- The 8th Circuit BAP held that 11 U.S.C. 707(b)(1) of the Bankruptcy Code (the "Code") applies to Chapter 7 cases that have been converted from Chapter 13, thus permitting the Chapter 7 trustee to...
- Judge(s):
- Schermer, Saladino, and Nail.
- Tag(s):
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