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).
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[...]
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.
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.
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.
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.
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 – […]
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 […]
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. […]
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 […]
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 […]
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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