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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Paris Gyparakis

Coastal Capital, LLC v. Savage

Summarizing by Bradley Pearce

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Interlachen Harriet Investments Ltd. v. Kelley (In re Petters Company, Inc.)

Summarized by William Joanis , JoanisKeenan
14 years 6 months ago

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.

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Michele D. Walker v Sallie Mae Servicing Corp., et al. (In re Michele D. Walker)

Summarized by William Joanis , JoanisKeenan
14 years 6 months ago

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.

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Walters v. Bank of the West (In re Walters)

Summarized by William Joanis , JoanisKeenan
14 years 9 months ago

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):

8th Circuit

Arvest Mortgage Co. v. Nail (In re Nail)

Summarized by William Joanis , JoanisKeenan
14 years 10 months ago

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):

8th Circuit

Edwards v. Edmondson (In re Edwards)

Summarized by William Joanis , JoanisKeenan
14 years 10 months ago

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):

8th Circuit

Brown v. Bank of North Dakota (In re Brown)

Summarized by William Joanis , JoanisKeenan
14 years 11 months ago

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):

8th Circuit

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