8th Circuit | ABI Volo - Circuit Court opinion summaries

8th Circuit: County of Dakota v. Milan

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Thu, 22 Sep 2016 20:14:09 +0000

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Citation:

County of Dakota v. Milan (In re Milan), Case No. 16-6012 (8th Cir. B.A.P. September 22, 2016)

Ruling:

Section 523(a)(7) does not require a court order to impose a debt with the characteristics of a fine or penalty; however, the debt cannot be imposed as compensation for actual pecuniary loss. Minnesota's "pay to stay" statute does not ...

Judge(s):

Schermer, Nail and Shodeen

8th Circuit: Hansmeier v. McDermott

LFULLER@BAKERLAW.COM — Thu, 29 Sep 2016 20:59:55 +0000

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Citation:

No. 15-6035 (BAP 8th Cir. Sept. 29, 2016)

Ruling:

The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (D. Minn. - Minneapolis) converting debtor's chapter 13 case to chapter 7. The BAP agreed that the bankruptcy court found sufficient cause to convert case to chapter ...

Judge(s):

Schermer, Nail, Shodeen

8th Circuit: Bayer CropScience, LLC v. Stearns Bank National Association

LFULLER@BAKERLAW.COM — Tue, 20 Sep 2016 20:32:17 +0000

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Citation:

No. 15-1967 (8th Cir. Sept. 20, 2016)

Ruling:

The 8th Circuit reversed the decision of the district court (E.D. Mo. - St. Louis), finding the trial court erred in ruling that a creditor's foreclosure extinguished its rights to pursue proceeds of its original collateral. The 8th Circuit determined ...

Judge(s):

Wollman, Benton, Shepherd

8th Circuit: Roussel v. Clear Sky Properties, LLC

LFULLER@BAKERLAW.COM — Mon, 25 Jul 2016 19:46:29 +0000

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Citation:

No. 15-3048 (8th Cir. July 25, 2016)

Ruling:

The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable. Bankruptcy court properly applied collateral estoppel to bar relitigation of ...

Judge(s):

Smith, Gruender, Benton

8th Circuit: Kaler v. Slominski (In re Keeley)

MTAMBURINI@LEVYCRAIG.COM — Wed, 10 Aug 2016 20:52:42 +0000

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Citation:

Kaler v. Slominski (Case No. 15-2405)

Ruling:

The Eighth Circuit Court of appeals affirmed the decision of the BAP that the bankruptcy court had incorrectly calculated the setoff awarded to the debtor's land lease tenant for improvements he had made to the land but affirmed the court's ...

Judge(s):

Smith, Colloton, and Gritzner

8th Circuit: Rouse v. Rauch (In re Spence)

LFULLER@BAKERLAW.COM — Thu, 04 Aug 2016 20:57:22 +0000

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Citation:

No. 16-6004 (BAP 8th Cir. Aug. 4, 2016)

Ruling:

The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (W.D. Mo. - Springfield) holding that a sheriff's posting of execution application and order on boat slip was sufficient notice of levy under Missouri law and created ...

Judge(s):

Kressel, Saladino, Nail

8th Circuit: Civic Partners Sioux City, LLC v. Main Street Theaters, Inc., et al (In re Civic Partners Sioux City, LLC)

MTAMBURINI@LEVYCRAIG.COM — Tue, 19 Jul 2016 21:02:12 +0000

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Citation:

In re Civic Partners Sioux City, LLC (Case No. 15-6024)

Ruling:

The BAP reversed the bankruptcy court's order dismissing debtor's chapter 11 bankruptcy case and remanded for further proceedings consistent with this ruling.

Judge(s):

Kressel, Schermer, and Nail

8th Circuit: Hurst v. Southern Arkansas University (In re Hurst)

MTAMBURINI@LEVYCRAIG.COM — Tue, 19 Jul 2016 21:05:22 +0000

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Citation:

Hurst v. Southern Arkansas University (Case No. 15-6031, July 19, 2016)

Ruling:

The bankruptcy court did not err in holding that the debtor did not meet her burden of proving that repayment of her student loan would impose an undue hardship on her.

Judge(s):

Federman, Saladino, Shodeen (dissenting)

8th Circuit: Walton, Jr. v. Steward (In re Steward)

wwallo — Thu, 07 Jul 2016 21:36:41 +0000

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Citation:

Walton, Jr. v. Steward (In re Steward), 2016 WL 3629028 (8th Cir. July 7, 2016)

Ruling:

Discovery sanction and order directing disgorgement of fees paid to debtor's counsel was affirmed.

Judge(s):

Loken, Gruender, and Kelly

8th Circuit: Nelson v. Midland Credit Management, Inc.

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Tue, 12 Jul 2016 21:06:51 +0000

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Citation:

Nelson v. Midland Credit Management, Inc., Case No. 15-2984 (8th Cir. 2016)

Ruling:

The filing of an accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA.

Judge(s):

Wollman, Benton, Shepherd

8th Circuit: State of Missouri, Department of Social Services v. Spencer (In re Spencer)

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Mon, 13 Jun 2016 21:37:42 +0000

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Citation:

State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)

Ruling:

Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.

Judge(s):

Kressel, Saladino, and Nail

8th Circuit: Opportunity Finance, LLC, et al. v. Kelley

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Mon, 16 May 2016 20:57:47 +0000

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Citation:

Opportunity Finance, LLC, et al. v. Kelly, Case No. 15-2060 (8th Cir. May 16, 2016)

Ruling:

The harm suffered by the net winners/lenders by the consolidation order, if any, was indirect and therefore they were not persons aggrieved. Therefore, the lenders/net winners lacked standing to appeal the consolidation order and the dismissal of the appeal ...

Judge(s):

Smith, Bye, Benton

8th Circuit: Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.)

MTAMBURINI@LEVYCRAIG.COM — Mon, 07 Mar 2016 21:59:25 +0000

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Citation:

Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.), Case No. 14-3190

Ruling:

The court held that: (1) all proceeds from the debtor's bank account from its automated clearinghouse and electronic-check conversion services to Rent-A-Center East, Inc. ("RAC") were bankruptcy estate property under Section 541(a), (2) no express trust or resulting trust was ...

Judge(s):

Smith, Bye, and Benton

8th Circuit: O&S Trucking, Inc. v. Mercedes Benz Financial Services, USA (In re O&S Trucking, Inc.)

mcooley@akingump.com — Fri, 22 Jan 2016 21:20:23 +0000

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Citation:

No. 15-2048 (8th Cir. Jan. 22, 2016).

Ruling:

Bankruptcy Appellate Panel correctly dismissed as moot debtor’s appeal from order confirming chapter 11 plan, where debtor had not objected to its plan prior to confirmation. Affirmed.

Judge(s):

Colloton, Gruender, and Shepherd.

8th Circuit: CRP Holdings, A-1, LLC v. O'Sullivan (In re O'Sullivan)

mcooley@akingump.com — Wed, 20 Jan 2016 21:35:35 +0000

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Citation:

No. 15-6020 (8th Cir. B.A.P. Jan. 19, 2016).

Ruling:

BAP affirmed bankruptcy court's finding that 522(f)(1) permits a debtor to avoid any judicial lien, including inchoate and unenforceable lien, that "fixes" upon exempt property.

Judge(s):

Kressel, Schermer, and Nail.