The bankruptcy court set March 23, 1998, as the final deadline for filing complaints. Notice of the Stations' intent to assert such claims arising outside the pleadings, in their collateral motions and the adversary cover sheet, does not permit their untimely amended complaints to relate back.
, The matter presently before the court arises from four separate appeals by the Appellants, John and Blanche Ross, from orders of the bankruptcy court: (1) approving the sale of 240 acres of real estate;, We next consider the motions of the Appellees to dismiss the pending appeals.
, Kent Knudson (Knudson) appeals the bankruptcy court's[1] decision of August 5, 1998, denying his Motion to Vacate and Set Aside the entry of the bankruptcy court order of March 15, 1995, which declared that Knudson's lien on property of the debtor's estate was valueless., [2] Rule 60(b)(4) Fed.
Rather, they now, for the first time on appeal, present the argument that the bankruptcy court should have stayed determination of the motion to dismiss for three years until completion of the plan in order that the debtors could then request a hardship discharge under section 1328(b).
v., Joseph Hunter DREVLOW, Appellee., United States Bankruptcy Appellate Panel of the Eighth Circuit. Because *769 this appeal arises from the bankruptcy court in Minnesota, we look to Minnesota law for rules regulating the practice of law in courts located in the state of Minnesota.
, KOGER, Chief Judge. We determine that the bankruptcy court correctly dismissed the Mosbruckers' bankruptcy case for the reason that the Mosbruckers lack the ability to propose a confirmable Chapter 12 plan because of the large amount of priority, nondischargeable debt they owe to the IRS.
, Here, the calculation for liquidated damages is located in each Agreement Relating to Employment but not in the promissory notes or other loan documents where provisions for default interest rates typically are found. Additionally, the charge must be enforceable under state law. Mack Fin.
McGowan responds that this Court may not consider the invalidity of Local Rule 2003-1 or otherwise consider possible errors in the bankruptcy court's interpretation of Local Rule 2003-1 and Federal Rule 4003(b) because the Trustee did not file a cross-appeal to preserve those issues.
Kieffer filed an appeal from the September 20 order and she and the Debtor also made a motion before the bankruptcy court for a stay of any distributions, a stay pending appeal, and a rehearing on the September 20 order. Hutton Co. v. Berns, 757 F.2d 215, 216-17 (8th Cir.1985));
, Before KOGER, Chief Judge, SCHERMER and SCOTT, Bankruptcy Appellate Panel Judges., Kevin J. Lamson timely appeals from a bankruptcy court[1] order that denied his motion seeking sanctions against the debtor, David A. Russ, and the debtor's attorneys, Faye Knowles and David Marshall, under Fed.
, United States Bankruptcy Appellate Panel of the Eighth Circuit.[4] Ms. Nelson could have converted her case to Chapter 13 within the time allotted by the bankruptcy court, or she could have waited until an order of dismissal was entered before filing her notice of appeal. Walton, 866 F.2d at 983.
Thus, if Adams is correct in his assertion that section 1915 does not apply to bankruptcy proceedings, his application to proceed in forma pauperis before this court must be denied., [3] The Honorable Arthur B. Federman, United States Bankruptcy Judge for the Western District of Missouri.
[2] Rather, Norwest entered into a postpetition loan and security agreement (loan agreement) with Lockwood, which was approved by the bankruptcy court by its February 4, 1994 Final Order Authorizing Post-Petition Financing (Financing Order).
, Roger M. Hibbits, St. Louis, MO, for appellant., [3] On May 1, 1991, Hibbits, purporting to act as attorney for the debtor, filed a document captioned Debtor's Opposition to Motion to Convert Filed By Trustee in which he requested that the bankruptcy court appoint him as attorney for the debtor.
Rather the current statute and rule provide that an appeal will be heard by the bankruptcy appellate panel unless a party makes an affirmative election to have an appeal heard by the district court. Significant changes in this regard were made by the Bankruptcy Reform Act of 1994.
, SCHERMER, Bankruptcy Judge. In this case, because the Debtor filed its motion to alter the judgment on January 5, 1998, three days after the ten-day deadline, the Debtor's motion did not suspend the time for appeal and cannot be a basis for asserting jurisdiction over this appeal.
Even if the motion to dismiss was not moot, we note that Grace's constitutional arguments were never raised in the bankruptcy court when she made her motion to vacate the discharge order. Co., 866 F.2d 1002, 1003 (8th Cir. Rule 60(b)(1) relief will not be granted merely upon a showing of mistake.
, United States Bankruptcy Appellate Panel of the Eighth Circuit. (4) pay a $985 outstanding debt to Nicole's child psychologist; The bankruptcy court further ruled that Michael's $10, 392 property settlement obligation constituted a nondischargeable property settlement pursuant to ยง 523(a)(15).
Johnson appeals. In endorsing the equal treatment of student loans, the House noted the exaggerated and anecdotal evidence on which the Commission's original proposal was based:, The rate of educational loans discharged in bankruptcy has risen dramatically in recent years. Seton Hall Univ.
, WILLIAM A. HILL, Bankruptcy Judge. 837, 438 N.W.2d 757 (1989), the court discussed the purpose and effect of Section 40-102 with the following:, This statute, in addition to delineating which property may be selected as the homestead, defines the persons who are entitled to make the selection.
