Adversary Proceeding

Aug 29, 2019

Bankruptcy: Crop and Insurance Proceeds-Adversary Proceeding-Priority of Liens

Plaintiff filed an adversary complaint in debtor’s bankruptcy action, challenging the priority of liens on debtor’s crops and crop-insurance proceeds. A bank that had made loans to debtor moved for […]

Aug 29, 2019

Bankruptcy: Adversary Proceeding-Avoidance of Merger-Effect of Divorce Judgment

BankripThe bankruptcy court entered summary judgment for the trustee, ruling that a Minnesota state court’s divorce judgment served to convey to debtor whatever interest his ex-wife may have held in […]

Aug 5, 2019

Bankruptcy: Adversary Proceeding-Collateral Attack-Dischargeability of Loan Obligation

Debtor appealed the dismissal of his adversary proceeding and the denial of his post-dismissal motion. The bankruptcy court had dismissed debtor’s proceeding, concluding that it was an improper collateral attack […]

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 […]

Feb 17, 2014

Bankruptcy : Adversary Proceeding – Restitution Judgment – Collateral Attack

Behrens v. U.S. (MLW No. 66019/Case No. 13-6052 – 5 pages) (U.S. Bankruptcy Appellate Panel, Nail, B.J.)

Feb 14, 2014

Bankruptcy : Adversary Proceeding – Restitution Judgment – Collateral Attack

Behrens v. U.S. (MLW No. 66019/Case No. 13-6052 – 5 pages) (U.S. Bankruptcy Appellate Panel, Nail, B.J.)

Nov 4, 2013

Bankruptcy : Adversary Proceeding – Dismissal – Secured Creditor’s Lien

Shelton v. Citimortgage, Inc. (MLW No. 65683/Case No. 12-3555 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)

Oct 28, 2013

Bankruptcy : Adversary Proceeding – Attorney Fee Lien – Standing

McCarthy v. Law (MLW No. 65664/Case No. 13-6042 – 7 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.)

May 17, 2013

Bankruptcy: Adversary Proceeding – Timeliness

Hathorn v. Petty (MLW No. 64980/Case No. 13-6002 – 11 pages) (U.S. Bankruptcy Appellate Panel, Saladino, J.)

Feb 27, 2009

Bankruptcy: Motion For Contempt – Monetary Damages – Adversary Proceeding

Where a bankruptcy court denied debtors’ motion for contempt against a creditor because the court concluded that the debtors were required to file an adversary proceeding since they sought to […]