Free Newsletter
Bankruptcy: Claimed Exceptions- Interests in Former Spouse’s Accounts- Retirement Funds
In his divorce proceeding, debtor was awarded one-half the value of his ex-wife’s retirement accounts. Debtor took no action to obtain title or possession to the accounts. However, debtor claimed an exemption for the accounts as retirement funds; the bankruptcy court disallowed the exception. Where debtor’s interest in retirement accounts merely resulted from a property […]
Bankruptcy: Claimed Exceptions- Interests in Former Spouse’s Accounts- Retirement Funds
Where debtor’s interest in retirement accounts merely resulted from a property settlement, funds in the accounts were not retirement funds exempt under federal law from bankruptcy proceeding as the exemption was limited to the individual who created and contributed funds into the accounts. Judgment is affirmed. In re: Lerbakken (MLW No. 72210/Case No 18-6018 – […]
Bankruptcy: Time-Barred Claim- FDCPA
Even though a creditor filed a proof of claim in a Chapter 13 bankruptcy on a time-barred debt, the proof of claim was not false, deceptive or misleading under the Fair Debt Collections Practices Act. Eleventh Circuit The debtor “urges this court to follow the Eleventh Circuit and extend to bankruptcy claims the rule against […]
Bankruptcy: State Court Decision – Res Judicata – Full Faith And Credit
Cawley v. Celeste (MLW No. 64981/Case No. 12-1555 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Bankruptcy: Adversary Proceeding – Timeliness
Hathorn v. Petty (MLW No. 64980/Case No. 13-6002 – 11 pages) (U.S. Bankruptcy Appellate Panel, Saladino, J.)
Bankruptcy: Debtor’s Equipment – Sale Proceeds – First Priority Lien
Bank of the West v. Damon Pursell Construction Company (MLW No. 64958/Case No. 13-6015 – 11 pages) (U.S. Bankruptcy Schermer, B.J.) Appealed from U.S. Bankruptcy Court, Western District of Missouri)
Bankruptcy: Restitution – Authority For Order
Lynd v. Ries (MLW No. 64959/Case No. 13-6011 – 6 pages) (U.S. Bankruptcy Appellate Panel, Federman, B.J.)
Bankruptcy: Standing – Breach Of Contract – Employment Agreement
Longaker v. Boston Scientific Corporation (MLW No. 64934/Case No. 12-2482 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Bankruptcy: Dischargeability – Car Sale Inventory
Heide v. Juve (MLW No. 64902/Case No. 12-6058 – 14 pages) (U.S. Bankruptcy Appellate Panel, Nail, B.J.)
Bankruptcy: Conversion – Ability To Pay
Schlehuber v. Fremont National Bank & Trust Company (MLW No. 64858/Case No. 12-6063 – 10 pages) (U.S. Bankruptcy Appellate Panel, Schermer, J.)
Bankruptcy: Jurisdiction – Eviction – Standing
Alexander v. Jensen-Carter (MLW No. 64824/Case No. 12-2476 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)
Bankruptcy: Revocation Of Discharge – Post-Petition Payment – Bonus
Seaver v. Klein-Swanson (MLW No. 64798/Case No. 12-6054 – 15 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.)
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
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
