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Summaries by William Joanis
- Citation:
- Shaffer v. U.S. Department of Education (In re Shaffer), Case No. 12-6010 (8th Cir. BAP October 30, 2012)
- Ruling:
- Debtor met burden of proving by preponderance of evidence that educational loans were discharged on basis of undue hardship. Court employed "totality of circumstances" test (i.e., past present and...
- Judge(s):
- Kressel (Chief Judge), Schermer, and Nail.
- Tag(s):
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- Citation:
- Lewis Brothers Bakeries Inc v. Interstate Brands Corp (In re Interstate Bakeries Corp.), No. 11-1850 (8th Cir. Aug 30 2012)
- Ruling:
- Following the Countryman test for an executory contract (whether obligations remain on both sides so underperformed that the failure of either party to complete performance of those obligations...
- Judge(s):
- Bye (majority author), Smith, and Colton (dissenting)
- Tag(s):
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- Citation:
- Lovald v. Tennyson (In re Wolk), Case No. 10-6050 (8th Cir.BAP Oct. 14, 2010)
- Ruling:
- The strong arm powers under section 544 provide the trustee with the powers of a bona fide purchaser. In South Dakota, a co-owner of property can overcome the presumption that property held as a...
- Judge(s):
- Kressel, Chief Judge, Federman, and Saladino, Bankruptcy Judges
- Tag(s):
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- Citation:
- McCleary v. Reliastar Life Insurance Co., No. 11-3169 (8th Cir. June 29, 2012)
- Ruling:
- AFFIRMING District Court's finding on a motion for summary judgment that a chapter 7 trustee's sale of a claim against a probate estate, where the sole beneficiary of the probate estate is the...
- Judge(s):
- WOLLMAN and COLLOTON, Circuit Judges, and HICKEY, District Judge.
- Tag(s):
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- Citation:
- Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
- Ruling:
- An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
- Judge(s):
- Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
- Tag(s):
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- Citation:
- No. 11-6068 (8th Cir. B.A.P. March 21, 2012).
- Ruling:
- Affirmed order of bankruptcy court sustaining objection of trustee to claim of exemption of annuity under Missouri state law. BAB concluded that prior ruling of bankruptcy court that annuity was...
- Judge(s):
- Kressel, Chief Judge, Schermer (writing). and Saladino522
- Tag(s):
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- Citation:
- No. 11-6077 (B.A.P. 8th Cir. March 9, 2012), 2012 Bankr. LEXIS 951
- Ruling:
- The standard for review of a bankruptcy court's interpretation of its own order is "abuse of discretion," which is "nearly indistinguishable from the clearly erroneous standard." A bankruptcy...
- Judge(s):
- Federman, Nail, and Venters (writing), Bankruptcy Judges
- Tag(s):
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- Citation:
- Eighth Circuit Court of Appeals, Docket no. 11-1553
- Ruling:
- On appeal, a creditor claimed the bankruptcy court had misapplied the three part test of Martin v. Commodity Credit Corporation (In re Martin), 761 F.2d 472 (8th Cir 1985), in permitting the use of...
- Judge(s):
- Federman, Venters, and Nail, Bankruptcy Judges, opinion by Nail.
- Tag(s):
-
- Citation:
- Eighth Circuit Court of Appeals, Docket no. 11-1553
- Ruling:
- For the Purposes of the Fair Debt Collection Practices Act (FDCPA), a non-debtor mistakenly targeted by a debt-collection effort is a "consumer" protected by the Act. But while a person mistakenly...
- Judge(s):
- Melloy, Smith, and Benton, Circuit Judges, Opinion by Smith.
- Tag(s):
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- Citation:
- No. 11-6020 (8th Cir. B.A.P. September 6, 2011).
- Ruling:
- The Eighth Circuit BAP affirmed the appointment of a chapter 11 trustee in the involuntary bankruptcy case of a partnership based on numerous allegations of misconduct and and fraudulent behavior...
- Judge(s):
- Federman, Schermer and Nail
- Tag(s):
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