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Bankruptcy Law

Aug 23, 2023

Bankruptcy Law: Avoidance Action-Sale Of Property

Pitman Farms v. ARKK Food Company, LLC (MLW No. 80414/Case No. 22-2011 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. Bankruptcy Court, Northern District of Iowa, Collins, J. (Abram V. Carls, Cedar Rapids, IA argued for appellant) (Daniel S. Desatnick, New York, NY argued for appellee).

Aug 9, 2023

Bankruptcy: Chapter 12-Repayment Plan-Discount Rate for Deferred Payments

In re: Topp (MLW No. 80312/Case No. 22-2577 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Southern District of Iowa, Shodeen, J, and Ebinger, J. (Johannes H. Moorlach, of Des Moines, IA for appellant; Thomas H. Burke, of Des Moines, IA and Peter J. Chalik, of Des Moines, IA on the brief) (Ronald C. Martin, of Cedar Rapids, IA for appellee; Erica[...]

Jun 29, 2023

Bankruptcy: U.S. Trustee-Seizure of Assets-Allowance of Claims

In re: Reichel (MLW No. 80087/Case No. 23-1002 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. Bankruptcy Appellate Panel for the Eighth Circuit.

Jun 14, 2023

Bankruptcy: Chapter 13-Repeat Bankruptcies-Motion to Impose Automatic Stay

In re: Davies (MLW No. 80021/Case No. 22-6011 – 3 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Ridgway, J.) Appealed from U.S. Bankruptcy Court, Eastern District of Missouri, Schermer, J. 

Jun 8, 2023

Bankruptcy: Chapter 7-Sale of Residence-Motion to Compel Trustee to Abandon Property

In re: Machele L. Goetz (MLW No. 79976/Case No. 22-6009 – 13 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Hastings, J.) Appealed from U.S. Bankruptcy Court, Western District of Missouri, Fenimore, J.

May 25, 2023

Bankruptcy: Plan Modifications-Confirmation-“Substantial Change”

Farm Credit Services of America v. Swackhammer (MLW No. 79952/Case No. 22-6006 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Norton, J.) Appealed from U.S. Bankruptcy Court, Southern District of Iowa.

Jul 15, 2019

Bankruptcy: Real-Party-In-Interest-Dischargeability of Claim

Where a debtor challenged a bankruptcy court judgment determining that a claim against him was nondischargeable, the court’s finding that the creditor was the proper party holding the claim against the debtor was not clearly erroneous, so the judgment is affirmed. Judgment is affirmed. SMC Holdings LLC v. McCann (MLW No. 73530/Case No. 19-6009 – […]

Jul 15, 2019

Bankruptcy: Adversary Proceeding-Willful Violation of Automatic Stay-Discrimination

Plaintiff appealed the district court’s grant of summary judgment to defendant. On appeal, plaintiff argued that defendant willfully violated the automatic stay and committed discrimination under 11 U.S.C. §525(a). Where a municipality took no action on an arrest warrant taken out on a debtor prior to the entry of the automatic bankruptcy stay, the municipality […]

Jul 15, 2019

Bankruptcy: Appellate Jurisdiction-Mandamus Relief-Interlocutory Appeal

Plaintiff appealed from the district court’s dismissal of her interlocutory appeal from bankruptcy court orders, requesting mandamus relief. Where there was no final judgment entered in the bankruptcy case, the court lacked jurisdiction to hear plaintiff’s case and denied mandamus relief because plaintiff had not shown she was entitled to extraordinary relief. Appeal is dismissed. […]

Apr 8, 2019

Bankruptcy: Denial of Discharge-Extension of Time

  Where debtor sought discharge under Chapter 7, the bankruptcy court did not abuse its discretion by extending the deadline for the trustee to object to discharge under Rule 4004(b)(2) without an evidentiary hearing, so the order is affirmed. Judgment is affirmed. Hill v. Snyder (MLW No. 73003/Case No. 17-3572 – 6 pages) (U.S. Court […]

Mar 11, 2019

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 […]

Mar 11, 2019

Bankruptcy: Bifurcation of Secured Claim-Manufactured Home-Anti-Modification Provision

  Debtors filed for Chapter 13 bankruptcy; their plan proposed that appellant’s secured claim in debtor’s manufactured home would be bifurcated into secured and unsecured parts. The bankruptcy court overruled appellant’s objection, ruling that the anti-modification provision of the bankruptcy code did not apply to appellant’s claim. Where debtors owned the manufactured home while appe[...]

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