The Eighth Circuit Court of appeals affirmed the decision of the BAP that the bankruptcy court had incorrectly calculated the setoff awarded to the debtor's land lease tenant for improvements he...
Hurst v. Southern Arkansas University (Case No. 15-6031, July 19, 2016)
Ruling:
The bankruptcy court did not err in holding that the debtor did not meet her burden of proving that repayment of her student loan would impose an undue hardship on her.
In re Civic Partners Sioux City, LLC (Case No. 15-6024)
Ruling:
The BAP reversed the bankruptcy court's order dismissing debtor's chapter 11 bankruptcy case and remanded for further proceedings consistent with this ruling.
Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.), Case No. 14-3190
Ruling:
The court held that: (1) all proceeds from the debtor's bank account from its automated clearinghouse and electronic-check conversion services to Rent-A-Center East, Inc. ("RAC") were bankruptcy...
Arvest Bank v. Cook (In re Cook), Case No. 13-6014 (BAP 8th Cir., Jan. 9, 2014)
Ruling:
The BAP did not disturb the finding of the bankruptcy court that the Arvest Bank judgment lien had priority over Empire Bank's judgment lien; the BAP held that the guaranty obligations owed to...
Hardy v. Fink (In re Hardy), Case No. 13-6029 (BAP 8th Cir., December 23, 2013 )
Ruling:
The BAP affirmed the ruling of the bankruptcy court that the fact that the additional child tax credit allowed under 26 U.S.C. 24 is available as a taxpayer for taxpayers whose income places them...
Legendary Stone Arts, LLC v. Maness (In re Maness), Case No. 13-6037 (BAP 8th Cir., August 29, 2013)
Ruling:
The BAP affirmed the bankruptcy court's ruling that the defendant in this adversary action, Legendary Stone, LLC, had met its burden of presenting evidence that its representatives were not...
Phillips v. Phillips (Case No. 13-6019, October 30, 2013)
Ruling:
The BAP affirmed the decision of the bankruptcy court giving collateral estoppel effect to a state court judgment, finding that the debtor had converted assets of various parties and that the...
Pennington-Thurman v. Bank of America, N.A., No. 13-6023 (October 21, 2013)
Ruling:
The BAP affirmed the bankruptcy court's conclusion that the debtor's allegations against her mortgage lender were without merit and, therefore, it did not abuse its discretion in denying the...
