Opinions--8th Circuit Bankruptcy Appellate Panel

Opinions—8th Circuit Bankruptcy Appellate Panel

The opinions contained on this site are provided for reference use only and are not to be considered "official court documents." If you require an official copy, contact the clerk's office.

Date	Name	Description
12/20/2012	Mark M. Rose, Debtor, Case No. 12-6046	By not objecting, Debtor impliedly consented to bankruptcy court's entering final judgement on state law counterclaims. Moreover, Debtor did not have standing to appeal the judgement because the counter claims were property of the estate, not the Debtor, and he failed to show that he had any pecuniary interest in them.
12/03/2012	HovdeBray Enterprises, Debtor, Case No. 12-6033	Bank that perfected its security interest in Debtor's store inventory on 90th day before involuntary bankruptcy filing was an unsecured creditor for preference purposes, and going-out-of-business sale was not in the "ordinary course of business" for preference defense purposes.
11/29/2012	Racing Services, Inc., Debtor, Case No. 12-6025	Bankruptcy estate was entitled to receive -- to the extent of premiums paid -- the cash value proceeds of a "split dollar" life insurance policy that the debtor obtained for its principal employee.
11/20/2012	Shawn C Copeland; Lauren MK Copeland, Debtors, Case No. 12-6034	Chapter 13 Debtors' plan that provided special treatment for non-dischargeable unsecured tax claims unfairly discriminated against other general unsecured claims and could not be confirmed. Plan would have resulted in tax creditors receiving 97% of debts owed and general unsecured creditors would have received nothing. Under a non-discriminatory plan, all general unsecured creditors would receive 78% of amounts owed.
11/14/2012	LGI Energy Solutions, Inc.; LGI Data Solutions Company, LLC, Debtors, Case No. 12-6043	Utilities that received preferential payments from Debtor on behalf of Debtor's customers were entitled to "new value" credits for subsequent payments those customers made to the Debtor in the preference period.
11/02/2012	Mark Troy Turpen, Debtor, Case No. 12-6039	Debtor may not claim dependents' exemptions under Missouri Sec. 513.440 for unrelated children living in the household.
10/30/2012	Susan M. Shaffer, Debtor, Case No. 12-6010	In student loan discharge case, bankruptcy court was not required to have expert testimony to consider debtor's mental health issues as they affected debtor's future ability to repay loans. Debtor's decision to drop out of the chiropractic school to avoid incurring more student loan debt did not constitute a self-imposed limitation on her future earning ability.
10/11/2012	Lewis and Clark Apartments, LP, Debtor, Case No. 12-6023	Low Income Housing Tax Credits (LIHTC) should be considered in determining value of apartment complex.
10/09/2012	Chester Wayne King, dba The King's Pickle, fdba K.C. Country, fdba Hoot 'n Anny's, Debtor, Case No. 12-6014	Attempt by creditor to incorporate pre-petition debt in post-petition repayment agreement constituted a reaffirmation agreement and could not be enforced because court approval was not obtained. Creditor's attorney's filing of state court lawsuit to collect the discharged pre-petition debt warranted sanctions of $1,500 on attorney.
10/01/2012	Bruce Lawrence Knigge; Mary Ellen Knigge, Debtors, Case No. 12-6026	Mortgage promissory note was a negotiable instrument under Missouri law and mortgagee was entitled to enforce it and the deed of trust; debtors were judicially estopped from denying that mortgagee held an enforceable secured claim by their filings and stipulations on motions for relief in this case and a prior bankruptcy.
09/24/2012	Gary A. Shelton; Elizabeth Dawn Shelton, aka Dawn Shelton, Debtors, Case No. 12-6040	Secured creditor's lien could not be avoided under Sec. 506(d) solely because the creditor's claim was filed late and has been disallowed for untimeliness.
09/21/2012	Abdullah I. Abdul-Rahim, fka Larry Hickson, and Stephanie A. Abdul-Rahim, Debtors, Case No. 12-6037	Bankruptcy court order denying debtors' claimed exemption in an unliquidated personal injury claim is affirmed,following the 8th Circuit's ruling in Benn v. Cole, 491 F.3d 811 (8th Cir. 2007).
09/20/2012	Herman Eugene Paulson, d/b/a Heartland Organic Foods, Debtor, Case No. 12-6029	Bankruptcy court properly rejected Debtor's attempt to validate "judgments" rendered by Debtor's self-appointed "Peoples Seventh Amendment Jury" against secured creditors. Court also properly dismissed case when Debtor was unable to propose a feasible plan.
08/17/2012	Mark Swanson, Debtor, Case No. 12-6028	Bankruptcy court erred in granting the trustee's motion for judgment on the pleadings as the pleadings contained insufficient facts to deny debtor's discharge under 11 U.S.C. Sec. 727(a)(3) and 727(a)(5); state court judgment did not collaterally estop debtor from denying the trustee's allegations.
07/31/12	Cathleen Mary Foellmi, Debtor, Case No. 12-6003	Debtor's interest in limited partnership units received from employer was similar to a profit-sharing plan and was an exempt employee benefit under Minnesota law.
07/19/2012	Linda Rose Whitaker, Debtor, Case No. 12-6004	Chapter 7 trustees could not intercept tribal revenue payments to members of Indian tribe because the tribe and its financing subsidiary were protected by sovereign immunity. Bankruptcy Code Section 106(a) has not abrogated the tribe's sovereign immunity; such an abrogation must be unequivocal and explicit.
07/16/2012	Dennis J. Charles, fdba Concrete Specialists, Inc., fdba D&J Concrete, Debtor, Case No. 12-6016	Debtor's undervaluation of residence and interests in two corporations (placing $1 value on them), in combination with numerous omissions in schedules, warranted denial of discharge under Section 727(a)(4)(A) of the Bankruptcy Code.
07/09/2012	Erik J. Nielsen, et ux., Case No. 12-6020	Potential tax consequences at end of 25-year repayment period do not rule out the Income Contingent Repayment Program as a viable avenue for repayment of student loan debt.
06/15/2012	Andrew William Shirley, debtor, Case No. 12-6012	Debtor did not acquire second residence with proceeds from sale of first residence, and therefore could not claim second residence as exempt homestead under Iowa law.
06/14/2012	Marsha Steger; Ray R. Steger, debtors, Case No. 12-6018	Bank could not prevail under Sec. 523(a)(6) when it failed to show that Debtor had committed a tort in connection with duplex construction loan, and it failed to prove any fraudulent statement was made by Debtor for purposes of Sec. 523(a)(2).
05/08/2012	Kent D. Bushnell, Debtor, Case No. 11-6083	Bank that foreclosed on Debtor's residence pre-petition was a party in interest under 11 U.S.C. Sec. 362(d)and could seek relief from stay to evict the Debtor from the premises. The Court's order granting relief was not an abuse of discretion.
05/02/2012	Robert Allen Johnson, et ux., Debtors, Case No. 12-6009	Bankruptcy court's order dismissing Chapter 13 was not an abuse of discretion when Debtor failed to file an amended plan providing for distribution of post-petition lottery winnings. Order confirming original plan was not timely appealed and the panel was without jurisdiction to review that order.
04/05/2012	Trilogy Development Company, LLC, Debtor, Case No. 12-6008	Escrowed funds deposited toward a property sale that failed to close were properly included as proceeds available to mechanic's lien claimants.
04/26/2012	Steven Christopher Potts, Case No. 11-6057	Joint payee with debtor on farm rental check was entitled to a share of the funds for rent of debtor's property based on contract between the parties.
04/09/2012	James Arthur Cockhren, et ux., Case No. 11-6067	Bankruptcy court did not abuse its discretion in approving $5,000 settlement of debtors' litigation claims against bank. Debtors had attempted without success to litigate claims numerous times in state court and had little prospect for future success.
03/22/2012	Karolyn Joyce Bryan, Case No. 11-6068	Res judicata barred Debtor's claim of exemption for annuity because the bankruptcy court had earlier ruled that the annuity was not exempt under the statutes relied on by the Debtor, and the Debtor did not appeal that ruling. Also, the annuity was not exempt under state statutes providing exemptions for life insurance, because the annuity is not life insurance.
03/13/2012	Walter H. Carter, et ux., Debtors, Case No. 11-6073	Debtor could not avoid, as a judicial lien, bank's consensual lien on motor vehicle after the bank's loan was paid off by the judgment creditor and after it executed on the vehicle.
03/09/2012	Gregory Jay Boyher, et ux., Debtors., Case No. 11-6077	Bankruptcy court did not abuse its discretion in approving Trustee's Amended Final Report, which distributed funds pursuant to an approved settlement agreement.
02/01/2012	Athens/Alpha Gas Corporation, Debtor. Thomas P. Cawley, Appellant v. Frank Celeste, et al., Case No. 11-6061	Under Rooker-Feldman doctrine, bankruptcy court did not have jurisdiction to review state courts' decision denying creditor's claim, even though the claim had at one time been allowed by the bankruptcy court.
01/23/2012	AFY, Inc., Debtor, Roberta A. Sears, et ux., Interested parties-Appellants v. Ronald H. Sears, et al., Case No. 11-6042	Debtor was obligated to pay purchase price for corporate stock under unambiguous stock sale agreement.
01/13/2012	In re AFY, Inc., also known as Ainsworth Feed Yards Company, Inc., Case No. 11-6065	Bankruptcy court had jurisdiction and constitutional authority to enter final judgment in adversary action to determine entitlement to cash value of life insurance policy.
12/22/2011	Negus-Sons, Inc., Case No. 11-6062	Secured creditor's security interest was terminated because (a) creditor expressly authorized the successor secured creditor to terminate its UCC-1s and (b) the security interest was automatically extinguished, and termination of the UCC-1s was unnecessary, when the particular loan was paid in full.
12/15/2011	In re Polaroid Corporation, et al., Case No. 11-6058	Order allowing Chapter 7 trustee to use cash collateral affirmed.
12/14/2011	In re Jay Freese, Case No. 11-6055	Debtor's failure to disclose business' gross income and other income and his ownership and transfers of personal property assets warranted denial of discharge pursuant to Sec. 727(a)(4).
12/08/2011	In re LGI Energy Solutions, Inc., Case No. 11-6045	In preference action, utility companies that received payments from funds allegedly held in trust by debtor for utilities' customers must trace funds back to those customers in order to defeat trustee's preference action.
12/02/2011	In re Jeffrey Thoms, Case No. 11-6043	Creditor failed to make necessary factual showing to deny debtor a discharge of debt pursuant to 11 U.S.C. Sec. 523(a)(6).
11/25/2011	In re Interstate Bakeries Corporation, etc., Case No. 11-6005	Extensions of time for service of process, after notice to creditors, in timely-filed preference avoidance action were authorized by Rule 9006, even though extensions exceeded three years beyond the statute of limiations. Three payments to creditor within 90 days of petition date were properly avoided under Sec. 547(b).
11/18/2011	In re Jeffrey Scott Unterreiner, et ux., No. 11-6039	Plaintiff that guaranteed debtors' bank loan failed to show that debtors made false representations to plaintiff or that they obtained money from plaintiff, and therefore plaintiff failed to make case for nondischargeability under Sec. 523(a)(2)(B).
11/16/2011	In re James J. Gilmartin, et ux., Case No. 11-6014	In action for nondischargeability of debt for actual fraud under Sec. 523(a)(2)(A), bankruptcy court failed to consider whether "out of pocket" measure of damages was applicable to support creditors' claims of damage beginning with origination of partnership undertaking.
11/16/2011	In re Jeffrey Lewis White, Case No. 11-6032	Bank's judicial lien could be avoided as impairing exemptions under Sec. 522(f) even though debtors divorced and divided the 160-acre property after the lien attached to the property.
11/02/2011	In re Norman Dale Johnson, et ux., Case No. 11-6037	When debtors propose to modify a confirmed Chapter 13 plan under 11 U.S.C. Sec. 1329(a)due to a substantial change in financial circumstances, the modification must correlate to the change in circumstances.
10/20/2011	In re Dennis E. Hecker, Case No. 11-6007	Post-petition registrations of judgments were unauthorized transfers of estate property under 11 U.S.C. § 549(a). On remand, bankruptcy court may consider equities and other factors in determining whether bankruptcy estate is entitled to recovery under § 550(a).
10/12/2011	In re Mary Joan Lumbar, formerly known as Mary Joan Welsh, formerly known as Mary Joan LaFond, Case No. 11-6018	Bankruptcy court erred in analyzing transfer of debtor's property under state law instead of applying elements of 11 U.S.C. Sec. 548. Remanded for findings on whether debtor was insolvent at time of transfer and whether she received reasonably equivalent value for property transferred to parents.
10/11/2011	In re Edward D. Bank, et ux., Case No. 11-6025	Bankruptcy court erred in granting summary judgment to mortgage creditor where creditor failed to establish that it had possession of the original promissory note, which allegedly was endorsed in blank.
10/11/2011	In re Gilbert Calvin Vilhauer, et ux., Case No. 11-6038	Debtors' failure to satisfactorily explain loss of more than 100 cattle (over 10% of herd) warranted denial of discharge pursuant to Sec. 727(a)(5) of the Bankruptcy Code.
10/05/2011	In re Yehud-Monosson USA, Inc., Case No. 11-6040	Bankruptcy court did not err in finding that fifth Chapter 11 case filed by related debtors was an abuse of process and in converting the case to Chapter 7.
10/04/2011	In re Scott Alfred Thompson, et ux., Case No. 11-6008	Minnesota statutes and common law did not create an express trust or impose a fiduciary duty on general contractor's principal pursuant to 11 U.S.C. Sec. 523(a)(4) to pay subcontractors out of contract payments received from property owner for improvements. Nor was failure to pay subcontractors a willful and malicious injury under 11 U.S.C. Sec. 523(a)(6).
09/16/2011	In re David L. Juve, et ux., Case No. 11-6006	Bankruptcy court erred in granting summary judgment to creditor under Section 523(a)(2)(A) because of factual disputes over whether creditor loaned money to the debtor or to a corporate entity and whether the debtor obtained loans by fraud.
09/06/2011	In re Keeley and Grabanski Land Partnership, Case No. 11-6020	Allegations of Debtors' extensive fraud and misconduct and their failure to make meaningful progress in corporate and individual bankruptcy cases warranted appointment of Chapter 11 Trustee. Proper standard for a party seeking the appointment of a Chapter 11 Trustee is preponderance of the evidence.
08/29/2011	In re Michael James Fisette, Case No. 11-6012	A "Chapter 20" debtor may strip off a wholly unsecured lien on his principal residence; the strip off is effective upon completion of Chapter 13 Plan and is not contingent on getting a Chapter 13 discharge.
08/19/2011	In re Petters Company, Inc., et al., Case No. 11-6013	Bankruptcy Court did not abuse its discretion in approving multi-faceted, multi-million dollar settlement.
08/10/2011	In re Alvin James Falzerano, Case No. 11-6036	Trustee's action to recover a debt allegedly owed to bankruptcy estate on unjust enrichment theory could not be brought under Sec. 541(a); actions to recover debts owed the estate must be brought under Sec. 542(b), and even then the debts must be matured, payable on demand, or payable on order.
08/03/2011	In re Dale F. Schmidt; et ux., Case No. 11-6028	Replevin actions filed in state court and removed to bankruptcy court are not core proceedings. Case remanded for further findings on whether the court is required to abstain under 28 U.S.C. Sec. 1334(c)(2).
07/14/2011	In re Theodore Stephen Wolk, Case No. 11-6027	Chapter 7 trustee failed to show that benefit to bankruptcy estate of selling residence co-owned by debtor and his non-debtor spouse outweighed the detriment to the non-debtor spouse, who had contributed most to the equity and whose mental health would likely be harmed by the sale. 11 U.S.C. Sec. 363(h).
06/14/2011	In re Bullard, Case No. 11-6009	Collateral estoppel doctrine did not prevent bankruptcy court from re-examining Sec. 523(a)(6) issues of willfulness and maliciousness because those factors were not litigated in state court civil and criminal actions against the defendant.
06/10/2011	In re Richard Burival, DBA Burival Brothers, Case No. 10-6085	Bankruptcy Court properly allowed Chapter 7 trustee's fees and expenses to be surcharged against proceeds of secured property. Unpaid debtor's attorney's attempt to overturn court's orders is rejected under Rule 60(b)(6).
06/02/2011	In re Jody May Walters, Case No. 10-6075	Creditor's judgment lien attached to property when debtors acquired it and thus trumped their homestead exemption under Iowa law.
06/02/2011	In re Crossroads Ford, Inc., Case No. 10-6066	Creditor granted relief to pursue arbitration on contract issues; debtor could challenge validity of underlying contract in the arbitration process.
04/15/2011	In re Elizabeth E. Nail, Case No. 10-6057	Proceeds arising from a tort action against homebuilder could not be assigned under Arkansas law, and state statute did not create an express trust that would give rise to a fiduciary duty under Section 523(a)(4).
04/15/2011	In re Panther Mountain and Development, LLC, Case No. 10-6086	Bank was stayed under Section 362(a)(3) from suing non-debtor parties to challenge formation of Improvement Districts that encompassed its real estate collateral because such an action would impact the Chapter 11 debtor's property interests.
04/12/2011	In re Douglas R. Edwards, et ux., Case No. 10-6065	Creditor who prevailed on appeal to state court of appeals was entitled to post-judgment interest under Missouri law.
04/05/2011	In re Robert A. Brown, Debtor, Case No. 10-6087	Debtor failed to preserve alleged errors for appellate review when he failed to object to motions in bankruptcy court.
03/23/2011	In re: Wanda Ann Bates, Debtor, Case No. 10-6084	Automatic stay never goes into effect in debtor's third bankruptcy filed in a one-year period, pursuant to § 362(c)(4)(A)(i).
03/11/2011	In re Damian Gerald Chapman, et ux., Debtors, Case No. 10-6046	"Means test" required by 11 U.S.C. Sec. 707(b)(1) applies in cases converted from Chapter 13 to Chapter 7. Also, trial court's order denying a motion to dismiss Chapter 7 case is a final order and is appealable.
03/07/2011	In re: Jeremiah Joseph Paul and Stacy Marie Paul, Debtors, Case No. 11-6003	In a case involving Wyoming's UFTA, chapter 7 trustee failed to prove that debtor's assets were "unreasonably small" when he transferred properties to sister and step-mother before filing bankruptcy.
02/08/2011	In re: David P. Lindsey, Case No. 10-6045	In Sec. 523(a)(2)(B) nondischargeability action, bank failed to show that it relied on debtors' financial statements in making loans or that financial statements were fraudulent.
01/31/2011	In re: Nathan Paul Reuter, Case No. 10-6043	Debtor who was involved in Ponzi scheme could be held vicariously liable for partner's fraud under Sec. 523(a)(2)(A) even in absence of formal partnership agreement. Debtor's sale of unregistered "investment contracts" violated Missouri Securities Act of 2003.
01/282011	In re: Joseph Warren Terry, Case No. 10-5068	Descriptive paragraph: Insurance company seeking to recover pre-petition overpayment of disability benefits to debtor may assert defense of recoupment, and bankruptcy court should consider whether ordering post-petition repayment would be equitable.
01/27/2011	In re: David L. Schnuelle; Pamela S. Schnuelle, Case No. 10-6026	Debtor's misrepresentations concerning his crops and crop insurance were material and therefore debts owed to cooperative were nondischargeable under §523(a)(2)(A) and (B).
01/26/2011	In re: Thomas Michael Horras, Case No. 10-6067	Civil monetary penalties and assessments for submitting fraudulent Medicare and Medicaid claims, imposed by ALJ and affirmed by 8th Circuit, were nondischargeable under §§ 523(a)(2)(A) and 523(a)(7). Extensions of time for filing nondischargeability complaint were proper.
01/25/2011	In re: John Joseph Phegley, Case No. 10-6063	Maintenance payments and attorneys' fees awarded to non-debtor spouse by divorce court were intended for spouse's support, not as a property settlement, and were therefore nondischargeable under § 523(a)(5).
01/14/2011	In re: Qualia Clinical Service, Inc., Debtor, Case No. 10-6021	Debtor's invoice purchase agreement with creditor was a financing agreement rather than a true sale, and Creditor's filing of UCC-1 in proper state within 90 days of bankruptcy filing was avoidable as a preferential transfer.
12/30/2010	In re: Robert Meill, Debtor, Case No. 10-6019	Trustee's sale of real property for $225,000 was reasonable under the circumstances, although appraised value was $338,281.
12/15/2010	In re: Virgil Hurd, Jr., Debtor, Case No. 10-6072	Horse trailer that debtor lived in part-time after wife kicked him out of house did not meet requirements for a mobile home and thus could not be claimed as exempt under Sec. 513.430.1(6), RSMO.
12/09/2010	In re: Wayne Eugene Babb, Debtor. Case No. 10-6062	Rule 60(b)(3) motion was properly denied where appellant who did not appear at trial failed to present clear and convincing evidence that plaintiff bank had presented false testimony at trial and failed to explain how the allegedly fraudulent testimony prevented him from fully and fairly litigating his case.
12/09/2010	In re: Robert Miell, Case No. 10-6060	Complaint attacking validity of trustee's sale of real property failed to state a claim, where record showed that creditors received actual notice of trustee's sale motion and bankruptcy court order approving sale was final and had not been appealed.
12/09/2010	In re: Grant A. Kendall, et ux., Case No. 10-6056	Debtors' payments for debt settlement services were not fraudulent transfers under 11 U.S.C. Sec. 548(a)(1)(B), as debtors received reasonably equivalent value in exchange for the service fees.
12/09/2010	In re: Virginia T. Moretto, Debtor., Case No. 10-6031	State court judgment ordering Debtor to pay over $564,000 in restitution is entitled to preclusive effect in federal court and debt is nondischargeable. Debtor's failure to provide a transcript limits review on appeal.
11/29/2010	In re: Chad R. Toftness, Case No. 10-6040	Debtor's failure to disclose interest in two limited liability companies and failure to disclose promissory note payments flowing through his bank account and the accounts of the limited liability companies both pre- and post-bankruptcy warranted revocation of discharge.
11/23/2010	In re: Lawrence D. Danduran, Jr., Case No. 10-6042	Proceeds from sale of home, including sale of hot tub, pool table and other personal property items, could be claimed as homestead exemption because proceeds were held in designated savings account from time of sale until bankruptcy was filed. The personal property was not allocated any value in the sales contract or by the buyer and Debtors-sellers, and trustee produced no evidence of intent to defraud creditors.
11/15/2010	In re: Larry James Grimlie, Case No. 10-6029	In a fact-intensive case, the BAP affirms the bankruptcy court's rulings (i) vacating and denying the debtor's discharge pursuant to 11 U.S.C. §§ 727(a)(2) and (a)(4)(A); (ii) sustaining the Trustee’s objection to exemptions; (iii) avoiding numerous fraudulent transfers to the debtor’s wife and children under 11 U.S.C. § 548, and (iv) ordering the sale of the debtor's home pursuant to 11 U.S.C. § 363(h)
11/01/2010	In re: Kellie K. Sederlun, Case No. 10-6017	Bankruptcy Court properly considered live-in boyfriend's income and contributions to household living expenses in student loan discharge case, and in finding that Debtor with psychology degree who has worked only as legal secretary and butler is underemployed and not entitled to discharge of student loans.
10/25/2010	Brett William Marino, Case No. 10-6022	Creditor did not violate stay by seeking protection from debtor under Minnesota's Domestic Abuse Act.
10/14/2010	In re Theodore Stephen Wolk d/b/a Ted Wolk Apartments, Case No. 10-6050	In considering motion to sell ex-spouses' residential property pursuant to 11 U.S.C. Sec. 363(h), the bankruptcy court must consider the impact of South Dakota law on the trustee's rights and powers under 11 U.S.C. Sec. 544(a). Case remanded.
10/13/2010	In re Goodwin, Case No. 10-6027	Debtor's motion for extension of time to file his notice of appeal in adversary proceeding was untimely because it was filed after the original 14-day appeal period had expired and it did not allege excusable neglect for the tardy filing. The bankruptcy court erred in granting the extension. Appeal dismissed.
09/15/2010	The National Benevolent Association of the Christian Church, et al. v. Weil, Gotshal & Manges, LLP, Case Nos. 09-6084 and 09-6085	28 U.S.C. Sec. 1447(c)required that removed case be remanded to state court after bankruptcy court concluded it lacked subject matter jurisdiction over the plaintiffs' claims. Absent jurisdiction, the court's dismissal of the claims was erroneous.
09/16/2010	In re Thompson, et ux., Case No. 10-6018	Debtors’ failure to devote all of their Social Security income to their Chapter 13 plan, without other evidence of bad faith, did not establish lack of good faith under Section 1325(a)(3), and bankruptcy court properly confirmed their plan.
09/03/2010	In re Kevin William Harman; Rosalind Mary Harman, Case No. 10-625	Married debtors who file a joint bankruptcy petition should file a single B22C form regardless of whether they maintain separate households, and their combined monthly income must be used to calculate the applicable commitment period.
07/01/2010	In re BowlNebraska, L.L.C., Case No. 10-6016	Assuming that defectively acknowledged deeds of trust were insufficient to provide constructive notice to the world, later recorded notices of default gave rise to suspicious circumstances sufficient to put a reasonable person on notice of bank's secured claim in debtor's real property.
06/22/2010	In re Keith Burton Thomas, et ux., Case No. 09-6070	Debtor was properly denied discharge for failure to disclose two tax refunds totaling over $400,000, a $500,000 settlement, and $90,000 of income within applicable pre-petition periods.
06/17/2010	In re Skyline Woods Country Club, LLC, Case No. 09-6073	Bankruptcy court properly refused to reopen bankruptcy case to consider issue of restrictive covenants after parties had fully litigated the issue in state courts. Nebraska Supreme Court's final decision was res judicata,so no purpose would be served by reopening bankruptcy case.
06/03/2010	In re SportStuff, Inc., Case No. 09-6040	Settlement that enabled insurers to pay more than $6,000,000 policy limits into bankruptcy estate for settlement of unresolved tort claims was not in best interests of the estate and deprived sellers/additional insureds of their contract rights to defense of claims filed against them.
05/21/2010	In re Svetlana Sergeyevna Ungar, Case No. 09-6065	Debtor's representations as to profits and gains in day-trading activities were fraudulent and warranted Sec. 523(a)(2)(A) denial of discharge of $228,791 debt to creditor who relied on the false statements in making investments with Debtor.
05/14/2010	In re EDM Corporation, Case No. 10-6001	Creditor's inclusion of Debtor's d/b/a along with its true organizational name rendered UCC-1 seriously misleading and thus Creditor lost its priority position as secured creditor.
05/10/2010	In re Steven Gerard Lapke, Case No. 10-6008	Home mortgage debts were consumer debts for purposes of determining dismissal for abuse under 11 U.S.C. Secs. 707(b)(1) and (3), even though the debtor did not personally sign the underlying promissory notes.
04/30/2010	In re Scott Emmet Leiferman, Case No. 10-6007	Pro se defendant's failure to meaningfully respond to discovery requests and follow court orders warranted striking his pleadings and granting $3.7 million default judgment against him, pursuant to Rule 7037 and 11 U.S.C. Sec. 523(a)(2)(B).
04/01/2010	In re Jenkins, Case No. 09-6064	Debtor's numerous post-confirmation modifications to increase payments under his Chapter 13 Plan did not automatically increase the base amount to be paid under the Plan, absent some indication that the Debtor intended to increase the base amount.
04/09/2010	In re Walker, Case No. 09-6022	Student loan dischargeability action filed three years after debtor received a Chapter 7 discharge was not untimely, as there is no time limitation on Section 523(a)(8) actions, nor was the action an improper collateral attack on the 2004 general discharge order. Bankruptcy court properly considered the debtor's circumstances at the time of the hearing, not at the time the general discharge was entered, in determining dischargeability of student loan.
04/09/2010	In re Glen, et ux., Case No. 09-6029	Bankruptcy court erred in finding debtors had engaged in fraud as the debtors' alleged misrepresentations were not made at the time the debtors asked lenders to finance home construction projects, nor were they made with intent to deceive.
04/09/2010	In re Nessa, Case No. 10-6009	Inherited IRA may be exempted under Section 522(d)(12) of the Bankruptcy Code as the funds were retirement funds and the account in which they were held was tax exempt under 26 U.S.C. Section 408.
04/02/2010	In re M&M Marketing, L.L.C., Case No. 10-6002	Attorney's representation of petitioning creditors in involuntary case gave him an "adverse interest" to the bankruptcy estate under Sec. 327(a) and disqualified him from representing the Chapter 7 trustee, even for a limited purpose.
04/02/2010	In re Walter S. Marble, Debtor, Case No. 09-6079	Hold harmless provisions of Debtor's and ex-wife's marital settlement agreement created a "new debt" and was in nature of alimony or support and thus was not dischargeable under 11 U.S.C. Sec. 523(a)(5)(B).
03/12/2010	In re G. Yvonne Stephens, Debtor, Case No. 09-6083	Debtor could not claim exemption in real estate in which she had no ownership interest, as determined in prior court rulings.
02/09/2010	In re Kevin Ray Asbury, Case No. 09-6026	Bankruptcy Court properly considered interests of creditors in refusing to approve debtor's voluntary waiver of discharge under 11 U.S.C. Sec. 737(a)(10). Chief Judge Kressel dissenting.
02/01/2010	In re Treadwell, et ux., Debtors/Plainttiffs - Appellees v. Glenstone Lodge, Inc., Case No. 09-6023	Creditor hotel justifiably relied on debtor's promises to pay convention costs, particularly where there were no obvious warning signs of falsity and no evidence that an investigation would have unearthed proof of debtor's fraud. Justifiable reliance under Sec. 523(a)(2)(A) is a lower standard than reasonable reliance and entails no duty to investigate.
01/12/2010	In re Lawrence C. Potts, Jr., et ux., Debtors.; Bank Northwest, Creditor - Appellant, v. Lawrence C. Potts, Jr., et ux. Debtors - Appellees. Case No. 09-6053	Bankruptcy court did not err in confirming Debtors' Chapter 12 plan, where bank failed to produce objective evidence to show lack of feasibility. Simple disagreement with Debtors' income and expense projections does not establish error by court.
11/30/2009	Brad Allen Stabler, et ux., Debtors/Plaintiffs - Appellants v. John R. Beyers, Defendant - Appellee. Case No.09-6024	Permissive abstention was warranted under 28 U.S.C. Sec. 1334(c)(1) where debtors engaged in blatant forum shopping.
11/24/2009	Jeffrey Joseph Shotkoski, et ux., Debtors/Appellants v. Habbo Fokkena, U.S. Trustee - Appellee. Case No. 09-6063	On motion for entry of a final decree, the bankruptcy court did not abuse its discretion in determining that the Debtors' individual Chapter 11 estate was not fully administered.
11/16/2009	Mesaba Aviation, Inc., Debtor. Coleen L. Powers, Appellant v.Odyssey Capital Group, LLC, Case No. 08-6038	Appellant whose claim had been denied lacked standing to appeal orders closing debtor's Chapter 11 case; appeal from order denying IFP status and refusing to seal Appellant's IFP application was moot.
11/05/2009	Bonnie Lee Duncan; Michael B. Duncan, Debtors. Bonnie Lee Duncan; Michael B. Duncan, Debtors – Appellants v. John V. LaBarge, Jr., Trustee – Appellee. Case No. 09-6027	Debtors' case was properly dismissed for failure to file credit counseling certificate, in absence of showing of exigent circumstances meriting a waiver of the requirement.
10/16/2009	Kathryn Renee Mitchell a/k/a Kathy Mitchell, Debtor, Benjamin Mitchell, Plaintiff-Appellant, Daniel P. Mitchell, Plaintiff, v. Kathryn Bigelow, Defendant-Appellee, Case No. 09-6017	Debtor failed to properly list her former step-son, a minor, as a potential creditor, so claim was not discharged under Section 523(a)(3). Case remanded to determine whether the debt was for a willful and malicious injury so that a Section 523(a)(6) dischargeability action was timely.
08/05/2009	In re Larry Grimlie, Debtor, Terri A. Running, Plaintiff-Appellee v. Larry Grimlie, Defendant - Appellant. Case No. 09-6018	Settlement agreement and deed were properly set aside when the county declared that the property transfer violated county zoning ordinances, thereby frustrating the purpose of the agreement between trustee and debtor. Debtor is barred by collateral estoppel from attacking court's order voiding the agreement and deed.
07/27/2009	Farmland Industries, Inc., Debtor. GAF Holdings, LLC., Plaintiff - Appellant v. Philip Rinaldi, et al., Defendants - Appellees. Black Diamond Capital Management, L.L.C., Defendant. Case No. 07-6046	Potential (but unqualified) bidder on Chapter 11 debtor's refinery was collaterally estopped from attacking bankruptcy court's sale order more than three years after it was entered. Also, adversary complaint was barred by protections afforded asset sales by Section 363(m) of the Bankruptcy Code.
07/13/2009	Todd Carpenter, Debtor, Todd Carpenter, Debtor - Appellant v. Charles W. RIes, Trustee - Appellee. Case No. 08-6046	Lump sum payment for retroactive Social Security disability benefits, received by debtor prepetition and held in a cashier's check separate from other funds, was not property of the bankruptcy estate by virtue of Section 407 of the Social Security Act and could not be administered by the bankruptcy trustee.
07/10/2009	James Robert Barrows and Terri Lee Barrows, Debtors. James Robert Barrows, et ux., Debtors - Appellants v. Julia Christians, Trustee - Appellee. Case No. 09-6003	Bankruptcy court did not err in finding debtors acted in bad faith when they failed to disclose that they had borrowed $17,000 from a 401(k)account and deposited the money in their checking account within 30 days of bankruptcy filing, and court did not abuse its discretion when it disallowed the debtors' attempt to amend their exemptions after trustee demanded turnover of remaining funds.
07/07/2009	Clarence Lee Burnett and Frances Ellen Burnett, Debtors, Nancy Jo Burnett, Creditor - Appellant v. Clarence Lee Burnett, Debtor - Appellee. Case No. 09-6011	Confirmed Chapter 13 plan did not limit ex-wife's right to ask state divorce court to determine amount of interest owed on child support arrearage, nor affect her right to payment of post-petition spousal support payments.
06/23/2009	In re: Theresa Marshall, Case No. 08-6051	Bankruptcy court did not abuse its discretion in dismissing debtor's fourth Chapter 13 on finding that debtor had unfairly manipulated the Code and was acting in bad faith, despite substantial payments made in prior cases, and in imposing one-year bar on refiling.
06/11/2009	In re: Jeremy Eugene Cleaver, Formerly doing business as JC Auto Repair; Michelle Ann Cleaver, Debtors. Jeremy Eugene Cleaver; Michelle Ann Cleaver, Debtors – Appellants v. Albert Warford, Trustee – Appellee, Kris Earlywine, Creditor – Appellee. Case No. 08-6052	Although Iowa's exemption statute does not allow debtors to exempt their farm vehicle as a tool of the trade, Debtors are nonetheless entitled to try to prove that the vehicle is a tool of the trade for non-PMSI lien avoidance purposes under 11 U.S.C. Sec. 522(f)(1)(B)(ii). Federal law, not state law, controls for lien avoidance purposes.
06/08/2009	In re: Rodney N. Farr, Debtor. Michael S. Dietz, Trustee, Plaintiff - Appellant. v. Ronald Langlie, Defendant - Appellee. Case No. 09-6010	Bankruptcy court erred in holding that a mistake is sufficient to impose a constructive trust. Under Minnesota law, a party seeking to impose a constructive trust must show that the party holding the disputed property obtained the property by fraud, bad faith or other improper or illegal means. In the absence of a constructive trust, the debtor's transfer of $90,000 to creditor was an avoidable preferential transfer under 11 U.S.C. Sec. 547.
06/08/2009	In re: Dwayne Shearder Eccles and Priska Jolanka Eccles, Debtors. Larry J. Fee and Brenda Fee, Plaintiffs - Appellees. v. Dwayne Shearder Eccles and Priska Jolanka Eccles, Defendants - Appellants. Case No. 08-6028	Bankruptcy court did not err in concluding that debtors obtained loan by actual fraud and that debt was not dischargeable under 11 U.S.C. Sec. 523(a)(2)(A).
06/04/2009	In re: Richard Burival, also known as Burival Brother, a Partnership, et al., Debtors. Loretta Roehrich, Conservator of the of Rosie Pritchett, a protected person, Cross Appellant, v. Richard Burival, also known as Burival Brother, a Partnership, et al., Cross Appellees, Creditor Committee, Committee of Unsecured Creditors, Appellee, Richard D. Lange, Intervenor. Case No. 08-6026	Farm lease landlord was entitled, under 11 U.S.C. Sec. 365(d)(3), to payment of the full post-petition rent payment that came due two days after bankruptcy petition was filed, as an administrative expense claim. Chief Judge Kressel, dissenting, as to administrative expense claim holding only.
06/04/2009	In re: John Patrick Raynor, Debtor. Richard D. Myers, Trustee, Plaintiff – Appellee, Appeal from the United States v. Maureen Raynor, Defendant – Appellant, John Patrick Raynor, Intervenor defendant – Appellant. Case No. 09-6012	Under the doctrine of the law of the case, district court's prior determination that the trustee's lawsuit was timely filed forecloses a second appeal before the BAP; further, the panel finds that the suit was, indeed, timely filed.
05/22/2009	In re: Terri Kae Krivohlavek, Debtor - Appellant v. Boys Town Federal Credit Union, Creditor - Appellee., Case No. 08-6047	Credit union violated automatic stay by applying portion of funds received via automatic payroll deductions to Debtor's prepetition secured car loan.
03/30/2009	In re: Cheryl A. Reagan, Debtor. Cheryl A. Reagan v. Frederick S. Wetzel, III, Trustee; 1919 M Street Associates, L.P.; G. Latt Bachelor, Personal Representative of the Estate of Ronald E. Reagan, Objectors - Appellees., Case No. 08-6023	Sale of asset to a third party mooted Debtor's appeal of bankruptcy court order approving the sale. Bankruptcy court did not abuse its discretion in declining to dismiss Chapter 11 and instead converting it to a Chapter 7, or in denying Debtor's motion to remove the Chapter 11 trustee.
03/17/2009	In re: Matthew J. Smith, Debtor.Matthew J. Smith, Debtor-Appellant, v. Renee K. Hanrahan, Trustee-Appellee. Case No. 08-6050	Debtor real estate agent earned $41,000 in sales commissions pre-petition when she secured binding contracts for sale of the properties, and those commissions are part of the bankruptcy estate even though the sales were closed post-petition and required some post-petition work by debtor to close.
03/20/2009	In re: Todd Dewaine Freier, Debtor. R & R Ready Mix, Inc., Plaintiff-Appellee, v. Todd Dewaine Freier, Defendant-Appellant., Case No. 08-6032	Creditor's reliance on debtor's alleged promise that he would not withdraw money from his corporate business, thereby enabling him to pay corporate debt, was not justifiable. Further, creditor's reliance on financial statement that creditor knew was inaccurate was not reasonable. Therefore, bankruptcy court erred in denying debtor's discharge under Sec. 523(a)(2)(A) and (B).
03/11/2009	In re: Rodney Arthur Johnson, Debtor. Rodney Arthur Johnson, Plaintiff - Appellant, v. Gregory County Auditor, Defendant - Appellee. Case No. 09-6005	Attorney for deceased debtor had no authority to file adversary action in name of the deceased debtor or to file appeal in the debtor's name, and the appeal is dismissed.
03/11/2009	In re: James B. Grueneich, Debtor. Gene W. Doeling, as Bankruptcy Trustee, Plaintiff - Appellee, v. Gerald G. Grueneich and Lucille F. Grueneich, Defendants - Appellants. Case No. 08-6048	Debtor's parents, who paid off $65,000 mortgage as only consideration for $119,000 real estate tract within one year of bankruptcy filing, were not good faith transferees and the trustee could recover the property for the bankruptcy estate. Also, Court correctly ordered parents to pay trustee the value of the new mortgage they placed on the property.
03/11/2009	In re: James B. Grueneich, As surety for JAG of Garfield, Inc. & Garfield Lumber, As surety for Garfield Homes, Inc, As surety for Jim Grueneich Land Company, Inc., As surety for JAG Land, LLC, Debtor, James B. Grueneich, Debtor - Appellant v. Gene W. Doeling, Trustee; Zajac Farm, Inc., Objectors - Appellees., Case No. 08-6033	Trustee failed to timely object to debtor's improperly claimed homestead exemptions so exemptions must be allowed. Bankruptcy court erred in denying debtor's blanket exemptions in real estate and company stock.
02/19/2009	Larry Gene Englund and Marianne Englund, Debtors - Appellants v. SBS Financial Services, Inc., Creditor- Appellee. Case No. 08-6049	Bankruptcy court erred in denying motion for contempt and directing debtors to file an adversary proceeding simply because they were seeking damages. Rule 9020 directs that contempt motions be brought under Rule 9014 as contested motions. A motion for contempt seeking monetary damages does not transform the action into one that must be pursued as an adversary proceeding.
12/09/2008	James Lewis Wilmoth, etc., et al., Debor, William M. CLark, Jr., Trustee-Appellant, v. James L. Wiloth, et al., Debtors - Appellees. Case No. 08-6022	Debtors' sale of business assets and payment of $140,000 on exempt homestead property in month preceding bankruptcy was not fraudulent as to creditors, absent a showing of some extrinsic fraud proving intent to hinder, delay or defraud. New Section 522(o) does not change the court's analysis of pre-bankruptcy planning fraud issues.
12/01/2008	In re: President Casinos, Inc., Debtor, Alma Jackson, Creditor - Appellant v. President Casinos, Inc., Debtor - Appellee, Case No. No. 08-6025	Debtor's attorney failed to show that illness constituted excusable neglect under Rule 60(b), especially given lack of specificity as to that illness in Debtor's motion, and Bankruptcy Court did not abuse its discretion in refusing to reconsider earlier judgment.
11/05/2008	Mark Anthony Ealy, Sr., Debtor, Internal Revenue Service, Creditor-Appellant, v. Mark Anthony Ealy, Sr., Debtor-Appellee. Case No. 08-6031	IRS's appeal is moot because IRS has paid to the debtor the tax refunds and stimulus payments that it sought to offset against other tax debts.
10/16/2008	Geoff Paul Draisey, et ux, Debtors., Habbo Fokkena, Plaintiff-Appellant, v Geoff Paul Draisey, et ux., Defendants-Appellees. Case No. 08-6016	Trustee is not required to file a Section 704(b)(1) "presumption of abuse" statement before filing a motion to dismiss under the "totality of circumstances" standard of Section 707(b)(3)(B), and the time limit for filing a Section 707(b)(3)(B) motion to dismiss is not restricted by Section 704(b)(2).
10/06/2008	In re: Wesley C. Sandiford, et ux., Debtors, Cadlerock Joint Venture II, L.P., Appellant, v. Wesley C. Sandiford, et ux., Appellees. Case No. 08-6020	Debtors did not act to hinder, delay or defraud their creditors in transferring property to a family trust within one year of filing bankruptcy.
10/01/2008	In re: T.G. Morgan, Inc., Debtor, Diane S. Blodgett; Edward Clement; Audrey Florence; Tom Lingenfelter, District of Minnesota Objectors - Appellants, v. John R. Stoebner, Trustee - Appellee, Case No. 07-6060 / 07-6061 / 08-6001	Parties objecting to trustee's Final Report and final fee application had no pecuniary interest in the bankruptcy estate and thus did not have standing to challenge either the report or the fee award.
09/16/2008	In re: Bard Alan Bigelow and Jennifer Jo Bigelow, Debtors. Daniel P. Mitchell, Appellant, Bard Alan Bigelow and Jennifer Jo Bigelow, Debtors-Appellees. Case No. 08-6006	Bankruptcy Code Sections 362(a) and 108(c) did not toll the statute of limitations on creditor's state law cause of action, because the statute of limitations expired after the debtor's discharge in bankruptcy.
09/10/2008	In re: Brian Jay Carlson and Coalee Breanna Carlson, Debtors, Coalee Breanna Carlson, Debtor - Appellant v. Timothy D Moratzka, Trustee - Appellee, Case No. 08-6013	Debtor could not claim exemptions in tax refunds that were based solely on her spouse's withholdings. Under Minnesota law, wife had no ownership interest in the tax refunds even though joint tax returns were filed.
09/05/2008	Larry Lee Weber, Debtor. Darla A. Peterson, Appellant, V. Larry Lee Weber, Debtor-Appellee. Case No. 08-6014	Creditor's motion to amend complaint to assert Sec. 523(a)(14) claim, filed five days before trial, should have been allowed.
09/02/2008	Leonard Powell and Margaret Powell, Debtors. Joyce Bradley Babin, Chapter 13 Trustee, v. Leonard Powell and Margaret Powell, Debtors - Appellees. Nancy J. Gargula, U.S. Trustee, Amicus on Behalf of Appellant Case No. 08-6008	Debtors who do not incur vehicle ownership expenses are not permitted to claim a deduction for such expenses because such expenses are not allowable under Section 707(b)(2)(A)(ii)(I) of the Bankruptcy Code.
08/25/2008	Tony W. Coleman, doing business as Superior Investigation Solutions, LLC; Stephanie A. Coleman, Debtors. Green Tree Servicing, LLC, Creditor-Appellant, v. Tony W. Coleman; Stephanie A. Coleman, Debtors-Appellees.Case No. 08-6019	Debtors may modify secured debt on manufactured home that is personal property. To be subject to antimodification provisions of Sec. 1322(b)(2), the home must be considered real property under state law.
08/14/2008	Tenny Shikaro Zahn, f/k/a Terry Shikaro Garner, Debtor. Tenny Shikaro Zahn, Debtor-Appellant, v. Richard Fink, Trustee, Trustee-Appellee. Case No. 06-6072	Above-median debtor with no disposable income has no "applicable commitment period" and thus is not required to file a 60-month Chapter 13 plan. IRA distributions received in six months preceding bankruptcy filing are not included in income for means test calculation of current monthly income.
08/07/2008	John R. Burwell, Debtor, Randall Seaver, Trustee, Plaintiff-Appellee, v. Burwell Family Limited Partnership and RHFP, LLC, Defendants-Appellants. Case No. 08-6004	Bankruptcy court did not err in entering a default judgment finding that two partnerships were the alter ego of the debtor and ordering the assets of the partnerships to be included in the bankruptcy estate.
08/04/2008	In re: Johnny Walton, Debtor. Johnny Walton, Appellant, v. David A. Sosne, Trustee, Appellee. Case No. 08-6012.	Debtor has standing to appeal bankruptcy court's order sustaining the trustee's objection to the debtor's claim of exemption in his IRA, but debtor's failure to contest the matter in the bankruptcy court leaves nothing to be heard on appeal because the court will not consider issues raised for the first time on appeal.
06/30/2008	In re: Michael Frances Stradtmann and Deddra Faye Stradtmann Debtors. Ameriquest Mortgage Company, Plaintiff - Appellant v. Michael Frances Stradtmann, Jane Roe Stradtmann, Deddra Faye Stradtmann, and John Doe, Defendants, Dorraine Ann Larison, as Trustee of the Bankruptcy Estate of Michael F. Stradtmann and Deddra Faye Stradtmann; United States of America, Internal Revenue Service, Defendants - Appellees State of Minnesota, Department of Revenue; James A. Franklin, doing business as Franklin Outdoor Advertising Company; Jane Doe; John Roe; Fresh Start Capital, LLC, Defendants. Case No. No. 07-6056	Mortgage containing incorrect legal description of debtors' property may be avoided by bankruptcy trustee.
05/08/2008	In re: Future Trust, Inc., Debtor. Omega Consulting as assignee of Table Rock Business Services, Inc. Movant - Appellant, v. R. Deryl Edwards, Sr., Trustee - Appellee. Case No. 07-6071	Confirmed Chapter 11 plan precluded debtor's shareholders and their purported assignee (an asset locator) from obtaining over $167,000 in unclaimed funds. Also, asset locator failed to establish validity of its assignment.
04/30/2008	Midwest Agri Development Corp., doing business as Jamestown Implement, doing business as Valley City Equipment, doing business as Midwest Ag Services, doing business as L & E Equipment, doing business as Ellendale Equipment, doing business as Jamestown Agri-Sales, doing business as Agri-Lease, Debtor v. Russel J. Hoggarth, Creditor–Appellant –Cross-Appellee, v. Kip M. Kaler, Trustee–Appellee –Cross-Appellant. Case No. 07-6068	Under North Dakota law, judgment creditor did not lose its secured lien on debtor's property that was executed on but not sold pre-petition. Trustee could not assert Section 502(d) defense to secured creditor's claim because trustee did not bring an avoidance action under Section 547 within time permitted by statute.
04/25/2008	In re: Racing Services, Inc., Debtor. Kip Kaler, as Bankruptcy Trustee for Racing Services, Inc., and the State of North Dakota, et al., Appellants, v. Susan Bala, Appellee. Case No. 07-6058 and Case No. 07-6059	Bankruptcy court properly granted creditor's Rule 60(b)(5) motion to vacate an earlier order subordinating her administrative claims to claims of other creditors, after creditor's criminal convictions and forfeiture orders were reversed by Court of Appeals.
04/09/2008	James Russell, Debtor. James Russell, Debtor-Appellant, v. Transport Funding LLC, Trustee-Appellee, Case No. 07-6066	Debtor's post-confirmation objection to secured creditor's claim was a collateral attack on plan confirmation order and was properly overruled.
03/31/2008	Bradley R. Thayer and Judith N. Thayer, Debtors - Defendants. American Residential Mortgage, LP, Plaintiff - Appellee. v. Bradley R. Thayer and Judith N. Thayer, Defendants - Appellants. Case No. 07-6045	Bankruptcy court properly reinstated note and deed of trust that were mistakenly paid and released after debtors rescinded a refinancing transaction under TILA. Court erred in sanctioning debtors' attorney $15,000 for presenting inconsistent arguments. (Dissenting opinion on sanctions issue.)
03/21/2008	Ann B. Lasowski, Debtor. David D. Coop, Trustee-Appellant, v. Anne B. Lasowski, Debtor-Appellee. Case No. 07-6063	Debtor may only deduct actual amounts required to repay 401(k) loans when calculating disposable income on means test; once the loans are repaid, debtor's chapter 13 plan must redirect those payment amounts to unsecured creditors.
03/14/2008	In re: Gregory A. Wilson, et ux., Debtors, Joyce Bradley Babin, Trustee-Appellant v. Gregory A. Wilson, et ux., Debtors-Appellees, Nancy J. Gargula, U.S. Trustee - Amicus on Behalf of Appellant National Association of Consumer Bankruptcy Attorneys, Amicus on Behalf of Appellee, Case No. 07-6050	Above-median Chapter 13 debtor may not claim an ownership expense deduction under section 707(b)(2)(A)(ii)(I) for an automobile the debtor owns outright.
03/13/2008	Hope P. Blumeyer, Debtor/Appellant v. David A. Sosne, Trustee, Appellee. Case No. 07-6065	Wife was not an aggrieved party and did not have standing to appeal the dismissal of her husband's bankruptcy case. Bankruptcy court did not abuse its discretion in refusing to dismiss wife's separate bankruptcy case which had been pending for almost 10 years and in which dividends are soon to be distributed.
03/12/2008	Acceptance Insurance Companies, Inc., Debtor, Granite Reinsurance Company Ltd., Plaintiff-Appellant-Cross-Appellee, v. Acceptance Insurance Companies, Inc., Debtor-Appellee-Cross-Appellant. Granite Reinsurance Company Ltd., Plaintiff-Appellant-Cross-Appellee, v. Acceptance Insurance Company, a Nebraska Corporation, Defendant-Appellee-Cross-Appellant, Acceptance Insurance Companies, Inc., Plaintiff-Appellant, v. Granite Reinsurance Company Ltd., Defendant-Appellee. Case No. 07-6027/6029	Reinsurance contract was unambiguous in providing for five-year term and $15 million premium, and reinsurer was entitled to be paid the $9 million balance owed for last three years of coverage.
03/07/2008	Marlene H. Schwartz, Debtor, Randall L. Seaver, Trustee, Plaintiff-Appellee, v. Mortgage Electronic Registration Systems, Inc. as nominee for Intervale Mortgage Corporation and for Decision One Mortgage Company, LLC, Intervale Mortgage Corporation, and Decision One Mortgage Company, LLC, Defendants-Appellants., Case No. 07-6052	Chapter 7 debtor's post-petition payment of preferential pre-petition mortgages did not prevent the trustee's avoidance of the mortgages as preferential transfers under 11 U.S.C. Sec. 547; trustee was entitled to a money judgment equal to the value of the mortgages under Section 550(a).
01/29/2008	Robert D. Klages, Debtor, Habbo Fokkena, U.S. Trustee, Plaintiff-Appellee, v. Robert D. Klages, Defendant-Appellant. Case No. 07-6051	Bankruptcy court properly revoked debtor's discharge for knowingly and fraudulently failing to turn over his non-exempt tax refund to his Chapter 7 trustee.
01/28/2008	Falcon Products, Inc., et al., Debtors. Falcon Creditor Trust, Plaintiff-Appellant v. First Insurance Funding, Defendant - Appellee. Case No. 07-6036EM	In determining whether pre-petition payments to a secured creditor (an insurance premium finance company) were preferential and avoidable under Section 547(b), bankruptcy court should conduct hypothetical liquidation test as of the bankruptcy petition date, not on the payment transfer dates.
12/27/2007	Prime Realty, Inc., Debtor, James Killips, Chapter 11 Trustee, Plaintiff-Appellants v. Robert C. Schropp, RCS Sons, Inc., and Leo Dahlke, Defendants–Appellees. Case Nos. 07-6034NE and No. 07-6035NE	Bankruptcy trustee failed to demonstrate that debtor bank was insolvent at the time it transferred assets or that the transfers left the bank with an unreasonably small amount of capital, and thus failed to meet his burden of proof on preference and fraudulent conveyance actions.
11/26/2007	In re: Bobby Ernest Finch and Donna Lynn Finch, Debtors, Bobby Ernest Finch and Donna Lynn Finch, Debtors-Appellants v. David D. Coop, Trustee-Appellee. Case No. 07-6024EA	Bankruptcy court did not abuse its discretion in denying debtors' motions to reopen and reinstate their Chapter 13 case, which had been dismissed many months earlier.
11/26/2007	Farmland Industries, Inc., Debtor, GAF Holdings, LLC, Plaintiff-Appellant, v. Philip Rinaldi, Stanley Riemann; Robert Terry; Pegasus Partners II, L.P.; Pegasus Investors II, L.P.; Pegasus Captial Partners, L.P.; J.P. Morgan Trust Company, National Association, in its capacity as Trustee of the FI Liquidating Trust, Defendants-Appellees. Case No. 07-6046WM	Bankruptcy court lacked subject matter jurisdiction over complaint between non-debtor entities seeking damages for intentional interference with a business expectancy and civil conspiracy. Case remanded with directions to dismiss the complaint.
09/12/2007	Tanna LaTisha Suggs, Debtor. Tanna LaTisha Suggs, Plaintiff-Appellant v. Regency Financial Corp., Defendant-Appellee. Case No. 06-6077	Western District's Local Rule 4070-1.D, allowing creditors to repossess uninsured vehicles in Chapter 13 cases without first filing a motion for relief from stay, is found invalid.
10/30/2007	Robert Wayne Hicks, Sr. and Janice Virginia Hicks, Debtors, Robert Wayne Hicks, Sr. and Janice Virginia Hicks, Plaintiffs-Appellants v. Missouri Department of Revenue, Arizona Department of Revenue, and Internal Revenue Service, Defendants-Appellees, Case No. 07-6037	Debtors who had not filed tax returns for over 20 years denied discharge of unpaid taxes, even though IRS and two states did not file claims. Claims were not required to be filed in no-asset Chapter 7.
09/12/2007	Valley Food Services, LLC, Debtor. Valley Food Services, LLC, Plaintiff-Appellee, v. Peggy J. Schoenhofer, Defendant-Appellant., Case No. 07-6009	Bankruptcy court did not err in denying defendant's motion to set aside default judgment in adversary proceeding. The judgment was final, and defendant did not establish grounds for relief under Fed.R.Civ.Pro. 60(b).
08/15/2007	Craig Matthew Frederickson, Debtor, David D. Coop, Trustee-Appellant. v. Craig Matthew Frederickson, Debtor-Appellee. Case No.07-6025	"Above-median debtor" whose projected disposable income is negative is not required to propose a plan that runs five years, and the bankruptcy court did not err in confirming a 48-month plan. Dissenting opinion.
08/15/2007	In re: James Morgan and Linda Morgan, Debtors James Morgan and Linda Morgan, Plaintiffs v. Jo-Ann L. Goldman, Defendant - Appellant, Bank of America; Capitol One Bank; AR Specialty Care Centers; eCAST Settlement Corporation; DeWitt Bank & Trust Company; DeWitt City Hospital; Discover Bank; St. Vincent’s Health System; and Kyle Havner, Defendants _________________________________ In re: Janet Lavern Dedmon, Debtor, Jo-Ann L. Goldman, Trustee - Appellant _________________________________ The National Association of Chapter Thirteen Trustees, Amicus on Behalf of Appellant. Case No. 07-6010/6016	Bankruptcy court properly removed Chapter 13 trustee from cases because of her conflict of interest and contradictory testimony to the court in connection with a refund paid to debtors . Removal of trustee by a second bankruptcy judge was found to be improper. Concurring and dissenting opinions.
08/15/2007	Michael Porter and Patricia Dian Porter, Debtors, Holly Sells, Plaintiff-Appellee/Cross-Appellant, v. Michael Porter, Defendant - Appellant/Cross-Appellee. Case Nos. 07-6008EA and 07-6013	Sexual harassment judgment was properly held to be not dischargeable on collateral estoppel grounds. Federal court trial established that debtor's actions were willful and malicious, satisfying the elements of 11 U.S.C. Sec. 523(a)(6).
06/08/2007	Midwest Agri Development Corp., Debtor., Kip M. Kaler, Trustee-Appellant, v. Midwest Ag Services, Inc., Claimant - Appellee. Case No. 07-6006ND	Debtor's subsidiary failed to establish amount of its claim against Debtor, especially in light of trustee's failure to dissolve all of Debtor's subsidiaries in compliance with North Dakota law. Case remanded.
06/08/2007	In re: Y-Knot Construction, Inc., Debtor, David G. Velde, Trustee, Plaintiff-Appelle, v. First International Bank & Trust, Objector-Appellant. Case No. 07-6001MN	Bankruptcy court abused its discretion in approving settlement agreement without taking evidence to establish the reasonableness of the settlement in view of the Flight Transportation factors.
05/31/2007	In re: Robert Wayne Hicks, Sr.; Janice Virginia Hicks, Debtors. Robert Wayne Hicks, Sr.; Janice Virginia Hicks, Plaintiffs - Appellants, v. Missouri Department of Revenue, Defendant - Appellee, Arizona Department of Revenue; Internal Revenue Service, Defendants. Case No. 07-6023P	Case dismissed for lack of jurisdiction because a notice of appeal was premature (not a final judgment to dispose of all claims and parties) and, conversely, too late (notice of appeal filed more than 10 days after summary judgment was entered).
05/24/2007	In re: Craig Edward Groat, Debtor. Craig Edward Groat, Debtor - Appellant, v. Donald R. Carlson, Creditor - Appellee. Case No. 06-6071P	Debtor failed to show that lender did not comply with disclosure requirements of the Truth-in-Lending Act, and therefore he was not entitled to benefit of TILA's extended three-year rescission period to rescind his mortgage loan transaction.
04/05/2007	In re: La’Teacha Tigue, Debtor. La’Teacha Tigue, Debtor–Appellant, v. David A. Sosne, Trustee–Appellee, Chase Home Finance, LLC, Creditor–Appellee. Case No. 06-6074P	Debtor's appeal from an order granting relief from the stay was moot because the debtor had received a discharge and thus relief from the stay was not necessary for the creditor to foreclose on real property; however, appeal from order approving a compromise with creditors was not moot, and the settlement was in the best interest of the estate.
03/30/2007	In re: Lance V. Addison, Debtor Lance V. Addison, Debtor - Appellant v. Randall L. Seaver, Trustee- Appellee. Case No. 06-6060P	Debtor's purchase of IRAs and filing-day payment of $11,500 on his mortgage were made with purpose of hindering, delaying, or defrauding his creditors and could be recovered by the trustee. Also, 26 U.S.C. Section 529 education accounts set up pre-BAPCPA remained property of the debtor, were included in the bankruptcy estate, and could not be exempted under Minnesota law.
03/20/2007	In re: Tenny Shikaro Zahn, formerly known as Tenny Shikaro Garner, Debtor. Tenny Shikaro Zahn, Debtor–Appellant, v. Richard Fink, Trustee–Appellee. Case No. 06-6072	Debtor lacks standing to appeal bankruptcy court's order approving confirmation of debtor's chapter 13 plan, even though the bankruptcy court's denial of confirmation of an earlier plan was interlocutory and could not be appealed. Two judges concur, suggesting that the Eighth Circuit revisit the issue of whether an order denying confirmation of a chapter 13 plan is a final appealable order.
03/19/2007	In re: James Bruce Preece, Debtor. Blue Skies, Inc., Ken Schoenfelder, Central Boiler, Inc. Plaintiffs - Appellees v. James Bruce Preece, Defendant - Appellant. Case No. 06-6040	Debtor took deposits from would-be helicopter buyers knowing that he would not be able to buy the helicopters they wanted and used money in his business with intent to defraud. Therefore, the debts are nondischargeable under 11 U.S.C. Sec. 523(a)(2)(A).
03/19/2007	In re: Western Iowa Limestone, Inc., Debtor. United Bank of Iowa, Appellant, v.Independent Inputs, et al., Appellees Case No. 06-6068	Under Iowa law, buyers of agricultural lime did not have constructive possession of lime that was left in a fungible mass on the seller's premises; therefore, the proceeds of the sale of the lime should have been awarded to the secured creditor under its blanket lien.
03/16/2007	In re: Raymond Vondall and Charlotte M. Vondall, Debtors. Dwight R. J. Lindquist, Chapter 7 Trustee of the bankruptcy estate of Raymond J. Vondall and Charlotte M. Vondall, Plaintiff - Appellee, v. Household Industrial Finance Co., Defendant - Appellant.Case No. 06-6069	Chapter 7 trustee could avoid creditor's mortgage on debtors' home under 11 U.S.C. Sec. 544 because the legal description on the deed of trust was incorrect and not facially defective so as to cause further inquiry.
03/16/2007	In re: Andy Lee & Kerri Lynn Sutton Debtors J. Kevin Checkett, Trustee Appellant v. Andy Lee & Kerri Lynn Sutton, Appellees. Case No. 06-6059	Debtors did not create a security interest in automobile by putting the lender's name on the application for title; that is not a valid substitute for a security agreement. Since the trustee did not avoid a lien on the car, 11 U.S.C. Sec. 522(g)(1)(A) is inapplicable and debtors could exempt the full value of the vehicle under Missouri law. Concurring opinion by Chief Judge Kressel.
03/09/2007	In re: Michael R. Borden and Rhonda F. Borden, Debtors. Bellamy’s Inc., Creditor - Appellant, v. Genoa National Bank, Creditor - Appellee, Case No. 06-6062	Repair shop did not lose its artisan's lien for repairs to farm equipment when debtor took the equipment without permission and used it in farming operations; therefore, the artisan's lien kept its priority over the bank's prior blanket lien. Chief Judge Kressel, dissenting.
03/09/2007	In re: Racing Services, Inc., Debtor. PW Enterprises, Inc., Plaintiff - Appellant, v. State of North Dakota, North Dakota Racing Commission, North Dakota Breeders Fund, and North Dakota Purse Fund, Defendants - Appellees, and Kip M. Kaler, Chapter 7 Trustee, Objector - Appellee. Case No. 06-6058	Creditor must obtain court approval for derivative standing before bringing avoidance and recovery actions on behalf of the estate.
03/09/2007	In re: Robert Edward Olsen, Sr. and, Roselita Marie Olsen, Debtors. Robert Edward Olsen, Sr. and, Roselita Marie Olsen, Debtors–Appellants, v. Habitat for Humanity, Objector–Appellee. Case No. 06-6044	Under 11 U.S.C. Sec. 1322(b)(5), the debtors could use their Chapter 13 plan to cure the payment default on Note 1 and thereby "unfix" the amount due on Note 2, which, by its terms, became due in full when the debtors defaulted on Note 1. Both notes were held by Habitat for Humanity.
02/23/2007	In re: Nathan L. Osborn and Catherine C. Osborn, Debtors. Capital One Auto Finance, Plaintiff - Appellant, v. Nathan L. Osborn and Catherine C. Osborn, Defendants - Appellees. Case No. 06-6061	Creditor with PMSI in vehicle purchased within 910 days of bankruptcy is not entitled to a deficiency claim when collateral is surrendered in Chapter 13 and sold for less than the debt owed, as a result of the provisions of the "hanging paragraph" in 11 U.S.C. Sec. 1325(a).
01/11/2007	In re: President Casinos, Inc., Debtor. President Casinos, Inc., President Riverboat Casino-Missouri, Inc., Official Creditors Committee for President Riverboat Casino-Missouri, Inc., Plaintiffs - Appellees v. Columbia Sussex Corporation, and Wimar Tahoe Corp., Defendants - Appellants. Case No. 06-6051EM	Bankruptcy Court did not abuse its discretion in denying parking lot owner's motion to increase the bond required of the debtor on preliminary injunction. Lot owner failed to prove that it would suffer damages as a result of injunctive relief.
12/21/2006	In re: Jeffery A. & Nancy Kukowski, Debtors; Jeffery A. & Nancy Kukowski, Appellants v. Michael L. Wagner, Trustee, Appellee, Case No. 06-6038ND	Annuity payable to debtor (and to his dependents in event of his death) arising out of a personal injury settlement could not be exempted under North Dakota exemption statute. Dissent by Judge Venters.
12/13/2006	In re: Alvin Leroy Baldwin, Debtor; Alvin Leroy Baldwin, Debtor - Appellant, v. Credit Based Asset Servicing and Securitization, Creditor - Appellee. Case No. 06-6027EM	Notice of emergency hearing on motion for relief that was mailed by first-class mail 6 days before the hearing was appropriate and sufficient because the debtor absented himself from the state for several weeks after filing his eighth bankruptcy petition and there was no reasonable way for the creditor to provide him with notice in any form.
12/11/2006	In re: Darwin Gene Rice and Diane Carol Rice, Debtors; Darwin G. Rice and Diane C. Rice, Appellants v. Carol F. Dunbar, Trustee; Commerce Bank; The Farm Service Agency; and Home State Bank, Appellees. Case No. 06-6045	Bankruptcy court did not abuse its discretion in refusing to grant a continuance of confirmation hearing when debtors fired their attorney two weeks before the hearing, in refusing to confirm the Chapter 12 plan, and in dismissing the case.
11/27/2006	Denise Irene Patch, Debtor; Bryan Blocker, Trustee for the Heirs and Next-of-Kin of Dillon Bryan Blocker, Plaintiff - Appellee, v. Denise Irene Patch, Defendant - Appellant, Case No. 06-6033MN	Bankruptcy court correctly granted summary judgment in favor of deceased son's estate under Sec. 523(a)(6) because of debtor's repeated failures to protect her 3-year-old son from boyfriend's abuse and to obtain medical care for him. Dissent by J. McDonald.
11/24/2006	In re: David P. Nelson, Debtor. Jack Lindau, Plaintiff - Appellee, v. David P. Nelson, Defendant - Appellant. Case No. 06-6042	Bankruptcy court erred in finding that debtor committed fraud in sale of business and that debt that arose from the failed transaction should be excepted from discharge under Section 532(a)(2)(A).
10/19/2006	In re: Refco, Inc., et al., Debtors.Cargill, Incorporated, Plaintiff - Appellee, v. Man Financial, Inc., Defendant - Appellant, Case No. 06-6024	Minnesota bankruptcy court erred in remanding a removed action back to Minnesota state court, and is instructed to transfer case to the Bankruptcy Court for the Southern District of New York, where there is litigation pending that will address many of the issues asserted.
10/13/2006	In Re: Alex and Chanhsamone Phongsisattanak, Debtors. Alex and Chanhsamone Phongsisattanak, Plaintiff-Appellants V. Blue Heron Inc., , Mark Erjavec, John DOE; Defendant- Appellees case 06-6048MN	Bankruptcy judge's determinations that the debtors were not insolvent at any time with respect to a conveyance and that the conveyance was not a fraudulent conveyance were not clearly erroneous.
09/26/2006	In Re: Jeri Lynn Lee, Debtor. Jeri Lynn Lee, Plaintiff-Appellees V. Regions Bank Student Loans; Defendant- Appellant case 06-6049	Bankruptcy court did not err in finding that student loan debt could be discharged, on basis that debtor did not have future employment prospects to enable her to repay loan without undue hardship.
09/21/2006	In Re: Keith N. Griffin, SR., Debtor. Kimberly E. Banks, et al, Plaintiff-Appellees V. Keith E. Griffin, SR., Defendant- Appellant case 06-6025	Bankruptcy court erred in denying Chapter 7 debtor a discharge pursuant to 11 U.S.C. Sec. 727(a)(9). The debtor had made payments in an earlier Chapter 13 case that totaled more than 70% of the unsecured debt in the Chapter 13.
08/15/2006	Brook Valley IV, Joint Venture; Brook Valley VII, Joint Venture, Debtors, Rick D. Lange, Plaintiff - Appellee/Cross-Appellant vs. Robert C. Schropp; Leo E. Dahlke; RCS & Sons, Inc.; Phoenix Properties, LLC; Phoenix Properties of Brook Valley 1, LLC; Phoenix Properties of Brook Valley 2, LLC; R&L Valley Properties, LLC, Defendants - Appellants/Cross-Appellees, Jerry Slusky, Defendant - Cross-Appellee, John Does, 1 through 20, Defendants, Case Nos. 06-6009, 06-6010, 06-6012 and 06-6013	Partners breached their fiduciary duty to the partnerships' bankruptcy estates by stipulating to relief from the stay to protect their personal interests, by secretly buying properties at foreclosure, by misrepresenting their actions to the court, and by failing to account for or turn over foreclosure surplus amount. Partners must turn over profits and cash flow proceeds received from properties after purchase.
08/10/2006	James E. Cumberworth Jr., and Leah H. Cumberworth, Debtors. Leah H. Cumberworth, Plaintiff-Appellee v. The United States Department of Education, Defendant-Appellant, Case No. 05-6030	Bankruptcy court did not clearly err in determining that failing to discharge debtor's student loan would constitute an undue hardship under Sec. 523(a)(8). Bankruptcy court properly considered the debtor's past, present, and future financial resources, properly excluded the non-borrower spouse's income and properly applied a totality of circumstances test.
08/02/2006	Rosen Auto Leasing, Inc., Debtor. Jerome A. Rosen, Debtor. Thomas D. Stalnaker, Trustee, Plaintiff - Appellant, v. George Gratton, Defendant - Appellee, Case No. 05-6047	Creditor did not give anything of value in exchange for lien on debtor's condominium and was therefore recipient of a fraudulent transfer, which must be avoided under Sec. 548(a).
08/02/2006	In re: James Leslie Everly, Debtor. James Leslie Everly, Debtor - Appellant v. 4745 Second Avenue, Ltd., Creditor - Appellee. Case No. 05-6048	Creditor who was not listed in debtor's bankruptcy schedules and did not receive notice of the bankruptcy did not violate the discharge injunction by filing suit against the debtor in Iowa state court.
07/27/2006	M&S Grading, Inc., Debtor. The CIT Group / Equipment Financing, Inc., Appeal from the United States Plaintiff - Appellee, Bankruptcy Court for the District of Nebraska v. M&S Grading, Inc., Debtor - Appellant., Case No. 06-6001	Applying Nebraska's UCC Sec. 2A-305, the bankruptcy court correctly determined that the lessor's security interest in leased equipment prevailed over the interest acquired by the debtor, who purchased the equipment as a buyer in the ordinary course from the lessee. The debtor-buyer did not obtain a certificate of title to the equipment when it was purchased, as required by Nebraska law.
06/16/2006	Hedquist - Debtor/Appellant v. Fokkena - Trustee/Appellee (In re Hedquist), Case No. 05-6057	Affirming the Bankruptcy Court's dismissal of chapter 11 case where the debtor filed case for the admitted purpose of avoiding liability on a state-court judgment, but the judgment was no longer appealable. The debtor also sought review of the bankruptcy court's imposition of a 180-day stay on filing another chapter 11 bankruptcy, but the Bankruptcy Appellate Panel found that the issue was moot because 180 days had already passed by the time of the appeal.
05/11/2006	In re: Ralph D. Schachtele; Mildred A. Schachtele, Debtors; Tina Livestock sale, Inc., Objector - Appellant, v. Ralph D. Schachtele; Mildred A. Schachtele, Debtors - Appellees , Case No. 05-6041EM	Bankruptcy Appellate Panel, acting pursuant to Bankruptcy Rule 8020, finds that appellant's appeals of confirmation orders in chapter 13 case were frivolous and awards debtors attorneys' fees of $4,201, to be paid by counsel for appellant.
04/24/2006	In re: Kevin Mark Hedquist and Terry Lynn Hedquist, Debtor; Kevin Mark Hedquist Debtor - Appellant, v. Habbo G. Fokkena U.S. Trustee - Appelle , Case No. 06-6007MN	Bankruptcy court's dismissal of Chapter 11 case filed by individual debtors for failure to comply with the credit counseling requirements of 11 U.S.C. Sec. 109(h)is affirmed.
03/24/2006	In re: James McGregory, Debtor; Ross H. Briggs, Objector- Appellant, v. John V. LaBarge, Trustee - Appelle , Case No. 05-6054	Attorney's dual representation of Chapter 13 debtor and mortgage bank was an actual conflict of interest that could not be waived. Bankruptcy Court's order requiring disgorgement of fees previously paid by the debtor to the attorney is affirmed.
02/21/2006	In re: Rosemarie Ziemski, Debtor; Rosemarie Ziemski, Plaintiff - Appellee, v. Valerian Joseph Ziemski, Defendant - Appellant., Case No. 05-6060	Bankruptcy Court erroneously determined that a portion of the debtor's ex- husband's military retirement benefits was property of the bankruptcy estate, because the debtor did not have any legal rights to the benefits under terms of a state divorce court order.
02/17/2006	In re: Keith L. Dixon v. John V. LaBarge, Jr.,Trusttee-Appellant., Case No. 05-6059	Debtor failed to establish "exigent circumstances" under Section 109(h)(3) meriting a waiver of the requirement that he obtain a pre-petition credit briefing.
02/15/2006	In re: Johnny F. Harris v. The Boyd G. Montgomery Testamentary Trust, Case No. 05-6050	Bankruptcy Court's Order terminating automatic stay is affirmed. Debtor had adequate notice of the hearing on the motion to terminate the stay, and the court did not err in conducting a hearing in his absence.
01/26/2006	Matthew A. and Angela V. Law v. David C. Stover, Case No. 05-6034	Child tax credit payable to debtor under Internal Revenue Code is property of the bankruptcy estate
01/12/2006	U.S. Bank N.A., Alan Messinger, Grauf Cattle Farms, Inc., Jeffry T. Grauf, Mary Grauf, Jimmy Hammond, Dorothy Hammond and United Producers, Inc. v. George L. Young, Case No. 05-6013	Debtor who claimed to be a farmer expressly consented to entry of order for relief in involuntary Chapter 7 proceeding, and failed to assert his affirmative defense of being a farmer until he filed a motion to convert case to Chapter 11. Therefore, the defense was waived.
01/06/2006	Robert Klesalek, successor personal representative of the Estate of Flora Klesalek and Darrell Suchy, Connie Thompson, Richard Seeman, Intervenor Plaintiffs-Appellees, v. William A. Klesalek, Case No. 04-6064	Debtor who was ordered to return property to his aunt's probate estate because he had exercised undue influence over her in purchasing the property was entitled to a repayment of the moneys he had paid to his aunt.

Opinions—8th Circuit Bankruptcy Appellate Panel

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