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 summary judgment, asserting the priority of its own lien. The ...

Tagged with: Adversary Proceeding Crop and Insurance Proceeds Priority of Liens

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 real estate, thereby permitting the trustee to avoid a mortgage ...

Tagged with: Adversary Proceeding Avoidance of Merger Effect of Divorce Judgment

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 on prior rulings. Where debtor’s adversary proceeding attempted to re-litigate ...

Tagged with: Adversary Proceeding Collateral Attack Dischargeability of Loan Obligation

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 ...

Tagged with: Adversary Proceeding discrimination Willful Violation of Automatic Stay

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

Tagged with: Adversary Proceeding Bankruptcy Collateral Attack

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

Tagged with: Adversary Proceeding Bankruptcy Collateral Attack

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

Tagged with: Adversary Proceeding Bankruptcy Dismissal

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

Tagged with: Adversary Proceeding Bankruptcy Standing

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

Tagged with: Adversary Proceeding Bankruptcy timeliness

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 recover monetary damages, the bankruptcy court’s order is reversed because ...

Tagged with: Adversary Proceeding Bankruptcy