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Summaries by William Joanis
- Citation:
- No. 11-6013 (8th Cir BAP, August 19, 2001 )
- Ruling:
- A bankruptcy court's approval of a settlement will be upheld unless no reasonable person could agree with the decision to approve the settlement. Deference is given to the court that has overseen...
- Judge(s):
- Schermer, Venters, and Nail, opinion by Venters.
- Tag(s):
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- Citation:
- No. 10-2032 (8th Cir., August 18, 2011)
- Ruling:
- Affirming the judgments of the BAP and Bankruptcy Court, the Eighth Circuit held that where a debtor's required monthly student loan repayment under the Income Contingency Payment Program (ICRP)...
- Judge(s):
- Wollman, Murphy, and Colloton, Wollman for the majority, Colloton concurring.
- Tag(s):
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- Citation:
- Case No. 10-6075 (B.A.P. 8th Cir. June 2, 2011)
- Ruling:
- Under Iowa's homestead law, a residence is not exempt as to a debt that preceded acquisition of the property, unless and only to the extent, it was acquired with with the proceeds of a previous...
- Tag(s):
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- Citation:
- No. 10-6061 (8th Cir. B.A.P., April 15, 2011)
- Ruling:
- Settlement proceeds debtors received from the builder of their home were not "Miscellaneous Proceeds," assigned under the terms of their mortgage. But if they were validly assigned, the failure to...
- Tag(s):
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- Citation:
- No. 10-605 (8th Cir. B.A.P., April 12, 2011)
- Ruling:
- Issues and evidence not submitted to the bankruptcy court should only rarely be considered by a court at the appellate stage, and those circumstances did not apply where the appellant merely raised...
- Tag(s):
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- Citation:
- No. 10-6087 (B.A.P. 8th Cir. March 5, 2011)
- Ruling:
- Affirmed. Bankruptcy court's order denying confirmation of amended chapter 13 plan cannot be reviewed where Appellant failed to provide an adequate record for appeal of the decision. Appellate...
- Tag(s):
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