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Bankruptcy: Dischargeability – Actual Fraud – Misrepresentation
Fee v. Eccles (MLW No. 59182/Case No. 08-6028 – 7 pages) (U.S. Bankruptcy Appellate Panel, Mahoney, J.) Where evidence in a Chapter 11 case showed that debtors used loan proceeds as living expenses when they had represented to the creditors that the money would be solely used for real estate renovations, the bankruptcy court did […]
Bankruptcy: Crop Land Lease – Rent Payment – Administrative Expense Claim
Burival v. Creditor Committee (MLW No. 59190/Case No. 08-6026 – 16 pages) (U.S. Bankruptcy Appellate Panel, Schermer, J.) Where debtors were required to make one of two annual lease payments for crop land on a due date that was two days after the orders for relief were filed in their Chapter 11 case, the landlord […]
U.S. Bankruptcy Appellate Panel: Bankruptcy
Krivohlavek v. Boys Town Federal Credit Union (MLW No. 59130/Case No.08-6047 – 7 pages) (U.S. Bankruptcy Appellate Panel, Venters, B.J.) Sanctions – Violations Of Stay – Automatic Deductions Where a debtor sought sanctions against a credit union for violating the automatic stay after the credit union continued to accept post-petition payments through what the creditor […]
Bankruptcy: Conversion – Dismissal – Sale Of Business
Reagan v. Wetzel (MLW No. 58880/Case No. 08-6023 – 17 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) (1)Where a debtor’s estate experienced continuing losses and she had unsuccessfully tried to confirm four plans in four years and the bankruptcy court found it unlikely a plan would be confirmed in the future due to lack of […]
Bankruptcy: Dischargeability – Piercing The Veil – Deficient Financial Statement
R&R Ready Mix, Inc. v. Freier (MLW No. 58855/Case No. 08-6032 – 14 pages) (U.S. Bankruptcy Appellate Panel, Mahoney, B.J.) Where debtor was found to be personally liable for a state court judgment against his concrete construction corporation in an action brought by a supplier, the bankruptcy court erred in finding the debt to be […]
U.S. Bankruptcy Appellate Panel for the 8th Circuit: Bankruptcy
Estate property; real estate commissions 08-6050 In re: Matthew J. Smith, Debtor. Matthew J. Smith, Debtor-Appellant, v. Renee K. Hanrahan, Trustee-Appellee Appeal From: U.S Bankruptcy Court for the Northern District of Iowa Submitted: March 13, 2009 Filed: March 17, 2009 Before: Judges Kressel, Schermer and Saladino Opinion By: Judge Schermer Matthew J. Smith (“Debtor”) […]
Bankruptcy: Standing – Adversary Action – Death Of Client
Where an attorney filed an adversary proceeding on behalf of a client who died before the filing, and the attorney did not show that he was appointed as a representative of the client’s probate estate, the attorney lacked standing to file the adversary complaint and to bring an appeal. Appeal is dismissed. Johnson v. Gregory […]
Bankruptcy: Real Property – Transfer – Avoidance
Where a debtor transferred real property to his parents for about half of its value claiming that the defendants’ prior services were consideration for the remaining amount, the bankruptcy court found the debtor’s and defendants’ testimony to be not credible and that the defendants failed to show that they were good faith transferees, so the […]
Bankruptcy: Exemptions – Untimely Objection – Bad Faith
Where a trustee in a Chapter 7 case did not timely object to the homestead exemptions claimed by the debtor, the bankruptcy court erred in sustaining his later objections to the exemptions and the court also clearly erred in finding that the trustee met his burden of proving that the debtor claimed his exemptions in […]
Bankruptcy: Estate Property – Real Estate Commissions
Where a debtor who is a real estate agent earned commissions in connection with two sale contracts entered into pre-petition but that did not close until post-petition, the bankruptcy court did not err in finding that the commissions are property of the estate which the debtor must turn over to the trustee, even though the […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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