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U.S. Bankruptcy Appellate Panel Digest: Dec. 7, 2020
These opinions were released by the U.S. Bankruptcy Appellate Panel.
Bankruptcy: Eligibility-Credit Counseling Requirement-Refiling Bar
Where a debtor challenged the dismissal of her bankruptcy case, the judgment is affirmed because the debtor failed to file a certificate of completion stating that she had received the required credit counseling, so she did not meet the eligibility requirements for individual debtors, and the court did not abuse its discretion in barring […]
Bankruptcy: Finality Of Order-Discharge
Where debtors challenged the denial of their motion for a determination of whether a confirmation order barred a state court action relating to an underlying contract, the bankruptcy court did not reach the merits of the request for declaratory judgment on the discharge issue, so the order was not final and the appeal must be […]
Bankruptcy: Proof of Claim-Judgment
The bankruptcy court allowed Lariat’s claim against debtor and rejected debtor’s argument the claim had been paid in full by debtor’s spouse. Where Lariat’s claim against the debtor flowed from a guaranty judgment it previously obtained, which was extinguished by the payment made by debtor’s spouse, Lariat no longer had a claim against debtor. Vacated […]
Bankruptcy: Student Loans-‘Educational Loan’-Funding Of Program
Where a debtor challenged the denial of her motion seeking a discharge of student-loan debt, the bankruptcy court did not err in categorizing the debtor’s loan as an educational loan, but the court’s inference in favor of the bank that a nonprofit organization “funded” the loan program was not reasonable because it was not supported […]
Bankruptcy:Chapter 7- Denial of Discharge- Failure to Keep Records
Debtors filed a Chapter 7 petition; among their debts, debtors confessed judgment of approximately $400,000 in favor of a jeweler from whom debtors took possession of watches, earrings and ring collections. Although debtors returned multiple watches and a ring collection, they failed to provide evidence of the value of the returned items, that the items […]
Bankruptcy: Investment Loss- Consent Order- Causation
Where appellant investors challenged an order dismissing their adversary complaint in a Chapter 7 case, the judgment is affirmed because the bankruptcy court did not err in finding that no debt to the investors resulted from a consent order issued by the enforcement section of the Missouri Securities Division of the secretary of state in […]
Bankruptcy : Student Loan – Denial Of Discharge
Kemp v. U.S. Department of Education (MLW No. 72043/Case No. 17-6032 – 11 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Saladino, J.)
Bankruptcy : Trustee Claims – Final Sale Order – Collateral Attack
Fulmer v. Fifth Third Equipment Finance Company (MLW No. 71492/Case No. 17-6017 – 17 pages) (U.S. Bankruptcy Appellate Panel, Saladino, J.)
Bankruptcy : Student Loan Discharge – Undue Hardship
Piccinino v. U.S. Department of Education (MLW No. 71242/Case No. 17-6022 – 9 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Shodeen, J.)
Bankruptcy : Remand – Adversary Action
Zahn Law Firm v. Baker (MLW No. 71178/Case No. 17-6015 – 8 pages) (U.S. Bankruptcy Appellate Panel, Nail, J.)
Bankruptcy : Judicial Lien – Enforceability – Real Property
CRP Holdings v. O’Sullivan (MLW No. 71062/Case No. 17-6012 – 9 pages) (U.S. Bankruptcy Appellate Panel, Schermer, J.)
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