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Summaries by Adam Ballinger
- Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
- 12 years 5 months ago
- Citation:
- Case No. 11-1900 (8th Cir. July 25, 2012)
- Ruling:
- The automatic stay does not apply to an action against a Debtor's improvement districts formed under Arkansas law because the improvement districts are neither property of the Debtor nor the...
- Judge(s):
- Loken, Bye, and Melloy
- Tag(s):
-
- Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
- 13 years 3 months ago
- Citation:
- No. 11-6040 (B.A.P. 8th Cir. October 5, 2011)
- Ruling:
- Affirmed. The bankruptcy court implicitly found that Midwest Oil and Yehud were substantially the same entity and has had its day in court four times already. First, because the bankruptcy court...
- Judge(s):
- Venters, Federman, Saladino
- Tag(s):
-
- Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
- 13 years 4 months ago
- Citation:
- 11-6012 (B.A.P. 8th Cir. August 29, 2011)
- Ruling:
- Reversed and Remanded. First, section 1322(b)(2) does not bar a Chapter 13 debtor from "stripping off" a wholly unsecured lien on his principal residence. The first step of the analysis is to...
- Judge(s):
- Schermer, Venters, and Nail
- Tag(s):
-
- Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
- 13 years 7 months ago
- Citation:
- 11-6009 (B.A.P. 8th Cir. June 14, 2011)
- Ruling:
- Collateral estoppel does not apply to the Debtor's plea of guilty to the crime of battery in the second degree. The issues in the dischargeability action are not essential to the judgment in the...
- Judge(s):
- Schermer, Federman, and Venters
- Tag(s):
-
- Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
- 13 years 7 months ago
- Citation:
- Case No. 10-6066 (B.A.P. 8th Cir. June 2, 2011)
- Ruling:
- (1) The bankruptcy court correctly determined that the debtor's challenge to the contract was subject to arbitration. (2) The bankruptcy court did not abuse its discretion by not tailoring an order...
- Judge(s):
- Kressel, Chief Judge, Federman, and Venters
- Tag(s):
-
- Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
- 13 years 9 months ago
- Citation:
- No. 10-6084 (B.A.P. 8th Cir. March 23, 2011)
- Ruling:
- Affirmed. Where a debtor has had two or more cases pending within the previous year that were dismissed, and neither case was a case refiled under a chapter other than chapter 7 after dismissal...
- Judge(s):
- Kressel, Saladino, and Nail
- Tag(s):
-
- Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
- 13 years 11 months ago
- Citation:
- Case No. 10-6058 (B.A.P. 8th Cir. January 28, 2011)
- Ruling:
- The Bankruptcy Appellate Panel reversed and remanded the bankruptcy court's order which held that 11 U.S.C. § 502(h) alone prevented Standard from asserting an equitable recoupment defense. The...
- Judge(s):
- Kressel, Chief Judge and Nail, Bankruptcy Judge. Saladino, Bankruptcy Judge dissenting.
- Tag(s):
-
- Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
- 14 years 2 weeks ago
- Citation:
- No. 10-6019 (8th Cir. B.A.P. December 30, 2010)
- Ruling:
- The Bankruptcy Appellate Panel held that (1) the $30,000 loan was not an advancement under the Contract and was not secured by the Property, and (2) the bankruptcy court's approval of the sale was...
- Judge(s):
- Kressel, Schermer, Nail
- Tag(s):
-
