United States Bankruptcy Appellate Panel for the Eighth Circuit Court Cases

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  1. In Re Moen (1999)

    This is an appeal from a bankruptcy court[1] ruling that a debt owed by the debtor/appellant, Jerome E. Moen, to the plaintiff/appellee, The Merchants National Bank of Winona, is nondischargeable under 11 U.S.C. § 523(a)(2)(A).


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP No. 99-6008MN
  2. In Re Kula (1997)

    Eugene Chamberlain ("Chamberlain") appeals the decision by the bankruptcy court in which Chamberlain was ordered to disgorge a portion of the interim fees he had received as the "liquidating agent" under a confirmed Chapter 11 liquidating plan. Although the order finally allowed Chamberlain $46,450.11 in fees and expenses, Chamberlain appeals the order because, not only was it less than he had requested, it was $26,646.87 less than had already been paid on an interim basis. Appellee, Community [...]

    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP No. 97-6014NE
  3. In Re Forbes (1997)

    The appellant, Grace M. Forbes ("Grace") is the former spouse and, by virtue of a divorce decree award, a creditor of the Chapter 13 debtor, Russell C. Forbes ("Robert"), the appellee herein. In these consolidated appeals she appeals from the bankruptcy court's approval of post-confirmation modification of Robert's confirmed Chapter 13 plan over her objection and from an order denying her motion for reconsideration of its order approving the sale of real property in which she claims a lien. [...]

    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP Nos. 97-6041, 97-6048
  4. In Re Andresen (1999)

    The Nebraska Student Loan Program, Inc., appeals from the September 2, 1998, and October 16, 1998, orders of the bankruptcy court[1] holding that two of the debtor's student loans were discharged in her Chapter 7 case under the undue hardship provision of § 523(a)(8) of the Bankruptcy Code.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 98-6095NE
  5. In Re Marlar (2000)

    The Chapter 7 trustee, Renee S. Williams, filed an adversary proceeding under 11 U.S.C. § 544 and the Arkansas Fraudulent Transfer Act, Ark.Code Ann. § 4-59-201, et seq., to recover three parcels of farm property alleging a pre-petition fraudulent transfer by the debtor, John S. Marlar, to his son. The bankruptcy court[1] granted summary judgment in favor of the trustee and set aside the transfer. The debtor appeals. We affirm.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 00-6066EA
  6. In Re Frederickson (2007)

    This appeal was filed by the Chapter 13 trustee from an order of the bankruptcy court[1] overruling the trustee's objection to confirmation of the debtor's plan of reorganization. It concerns the interpretation of the phrases "projected disposable income" and "applicable commitment period" in 11 U.S.C. § 1325(b)(1)(B) as it was amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). The question before us is whether, to obtain confirmation of a Chapter 13 [...]

    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 07-6025EA
  7. In Re Korte (2001)

    Debtor J. Marshall Harvey Korte ("Debtor") appeals from the bankruptcy court's[1] decision denying Debtor his discharge pursuant to §§ 727(a)(2)(A) and (a)(4)(A) of the Bankruptcy Code. For the reasons set forth below, we affirm the decision of the bankruptcy court.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 00-6117NI
  8. In Re Hervey (2000)

    The debtor, William E. Hervey, filed a petition under Chapter 13 of the Bankruptcy Code on February 8, 2000. On March 23, 2000, the bankruptcy court,[1] entered an order confirming the debtor's Chapter 13 plan. No objections were filed to the plan. Appellant, Wendover Financial Services, appeals from the order confirming the plan. Because there is no record from the bankruptcy court, and because Wendover's entire appeal raises legal issues never presented to the bankruptcy court, we affirm.

    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 00-6030EA
  9. In Re Wilson (2008)

    This appeal concerns the calculation of a debtor's allowable expenses under § 707(b) of the Bankruptcy Code. The bankruptcy court held that a debtor can claim a vehicle ownership expense deduction even though the debtor owns the car outright. For the reasons that follow, we reverse.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 07-6050
  10. In Re Sears (2000)

    The Debtors, Daphne and Donald Sears, appeal the judgment of the bankruptcy court[2] that denied them a discharge under Chapter 7, for knowingly and fraudulently making a false oath in connection with their case. Creditors Jerry F., Shirley, and Mark Cepelak and Jerry Cepelak, Jr. cross-appeal from a companion judgment that determined that the Debtors' debt to them was not the result of a willful and malicious injury to the Cepelaks or their property, and hence was not excepted from discharge [...]

    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP Nos. 99-6073, 99-6074
  11. In Re Sendecky (2002)

    Plaintiff/appellants Floret, L.L.C. and Michele Lea Eggert (Appellants) appeal an order of the bankruptcy court[1] granting debtor Thomas M. Sendecky a discharge and denying Appellants' motion for sanctions based upon the inadequacy of Mr. Sendecky's pre-trial brief. While this appeal was pending, Appellants filed a motion for sanctions with this Panel, based on statements contained in Mr. Sendecky's appellate brief. For the reasons set forth below, we affirm the rulings of the bankruptcy [...]

    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 02-6023MN
  12. In Re Food Barn Stores, Inc. (1997)

    Hartford Casualty Insurance Company ("Hartford") appeals from an order denying a motion to extend the time for filing a Notice of Appeal. Inasmuch as the bankruptcy court did not clearly err in its determination that the appellant failed to show excusable neglect, we affirm.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP No. 97-6055
  13. In Re Dove-Nation (2004)

    Debtor Phylis Michele Dove-Nation ("Debtor") appeals the bankruptcy court[1] order overruling her objections to claims filed by eCast Settlement Corporation ("Claimant").[2] We have jurisdiction over the appeal of a final order issued by the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we affirm the order overruling the Debtor's objections to the claims filed by the Claimant.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP No. 04-6049 EA
  14. In Re Williams (2001)

    The Debtor, Darick Patrice Williams, appeals from the May 21, 2000, Order of the Bankruptcy Court denying the Debtor's Motion to Compel Turnover of Funds ("Motion"). Because we find that the Bankruptcy Court had jurisdiction to hear the Debtor's Motion, that abstention was not appropriate under the circumstances, and that the doctrine of equitable mootness does not prevent us from granting the appropriate relief in the present appeal, the order below will be reversed.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 00-6065EM
  15. In Re Waterman (2000)

    Debtor Stewart D. Waterman appeals the Order of the Bankruptcy Court,[1] allowing a claim filed by Lela F. Ditto. For the reasons that follow, we affirm the Order of the Bankruptcy Court.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 99-6075EM
  16. In Re Barger (1998)

    William and Randee Barger, Chapter 12 Debtors, filed a Motion to Alter or Amend Judgment, seeking reconsideration of the bankruptcy court's[1] order denying confirmation of Debtors' First Amended Chapter 12 Plan. The bankruptcy court denied Debtors' Motion to Alter or Amend. Debtors then filed a Motion to Vacate the order denying their Motion to Alter or Amend. From the bankruptcy court's denial of the Motion to Vacate, Debtors filed this appeal. On appeal, Debtors seek review of not only the [...]

    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP No. 97-6073 NE
  17. In Re Wintz Companies (1999)

    George Wintz and Wintz Properties, Inc., (collectively "Appellants"), appeal three bankruptcy court[1] orders approving sale by the Trustee, Charles W. Ries ("Trustee"), of the estate's interests in three parcels of real property pursuant to 11 U.S.C. § 363(f). We affirm the orders approving the sale of these properties free and clear of liens and interests, and we hold that without a stay pending appeal, the sales are not reversible under 11 U.S.C. § 363(m). In addition, because the estate [...]

    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP Nos. 98-6088 MN to 98-6093 MN
  18. In Re Turpen (2000)

    Debtors Richard and Marcia Turpen ("Debtors") appeal the order of the bankruptcy court[2] denying their motion to dismiss their pending Chapter 7 bankruptcy case. For the reasons set forth below, we affirm.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: BAP No. 99-6071
  19. In Re Richards & Conover Steel, Co. (2001)

    This is an appeal from an order of the bankruptcy court awarding Appellee, Robert A. Pummill, Debtor's Chapter 7 Trustee ("Trustee"), judgments against Appellants, Ameristeel Inc. ("Ameristeel") and the law firm of Greensfelder, Hemker & Gale, P.C. ("GHG") in the sums of $10,153.05 and $10,331.90 respectively. For the reasons stated below, we affirm in part and reverse in part.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 01-6017WM, 01-6018WM
  20. In Re Ford (2001)

    The Student Loan Guarantee Foundation of Arkansas ("SLGF") appeals from the Order of the Bankruptcy Court[1] declaring the student loan debt owed to it by Debtor Pauline Victoria Ford to be dischargeable under 11 U.S.C. § 523(a)(8). For the reasons that follow, we affirm.


    Court: United States Bankruptcy Appellate Panel for the Eighth Circuit Docket: 01-6062WA

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