FEDERMAN, Bankruptcy Judge. William L. Needler, the Debtors' attorney, as a holder of an administrative claim for his attorney fees in the case, appeals from the Bankruptcy Court's 1 Order denying his motion to reconsider an Order denying his Rule 60(b) motion. Those motions challenged the Bankruptcy Court's earlier Orders allowing the Trustee to pay federal and state capital gains and income taxes incurred in connection with the sale of the Debtors' property as a surcharge against the...
FEDERMAN, Bankruptcy Judge. The Plaintiff-Appellant in these related appeals is the Trustee in the Chapter 7 bankruptcy cases of LGI Energy Solutions, Inc., and LGI Data Solutions Company LLC, which were in the business of providing utility-management and billing services to restaurants and other customers. As such, they collected from their customers funds for payment of the customers' utility bills, and were in turn to pay those funds on to the utilities. Due to volume, they were also able...
FEDERMAN, Bankruptcy Judge. This is an action for nondischargeability. Larry and Cheryl Bauer appeal from the Judgment of the Bankruptcy Court finding that they failed to prove that they were damaged as the result of fraud allegedly committed by Debtor James Gilmartin. For the reasons that follow, we REVERSE AND REMAND. PROCEDURAL BACKGROUND The Bauers filed an adversary complaint against the Gilmartins in their bankruptcy case, seeking a determination that the Gilmartins' debt to them in...
KRESSEL, Chief Judge. The appellants in these consolidated appeals are debtors in their respective chapter 7 cases. Commercial Bank objected to the debtors' homestead exemption claims and moved for relief from the automatic stay. The debtors then moved to avoid Commercial Bank's judicial liens. The bankruptcy court consolidated all of the motions and all three parties moved for summary judgment. The bankruptcy court overruled Commercial Bank's objection to the debtors' exemption, denied the...
NAIL, Bankruptcy Judge. Reshetar Systems, Inc. appeals the January 20, 2011 judgment of the bankruptcy court 1 determining the debt owed to Reshetar Systems, Inc. by Debtor Scott A. Thompson was not excepted from discharge. We affirm. BACKGROUND Debtor Scott A. Thompson ("Debtor") was the sole owner and president of Construction 70, Inc. ("Construction 70"). In September 2003, Construction 70 entered into a contract with Applebee's International, Inc. ("Applebee's") to build a restaurant in...
SALADINO, Bankruptcy Judge. This is the second time this panel has had the opportunity to consider the issues involved in this appeal. 1 Following remand for consideration of the effect of 11 U.S.C. 544(a)on the trustee's motion to sell, the bankruptcy court 2 entered judgment on April 29, 2011, denying the trustee's request to sell jointly-owned real estate free and clear of the defendant co-owner's interest pursuant to 11 U.S.C. 363(b) and (h). The Chapter 7 trustee appeals and, for...
FEDERMAN, Bankruptcy Judge. Debtor Keeley and Grabanski Land Partnership appeals from the Order of the Bankruptcy Court 1 appointing a trustee in its involuntary Chapter 11 case. For the reasons that follow, the Bankruptcy Court's Order is AFFIRMED. FACTUAL BACKGROUND This appeal relates to one of two separate, but related, bankruptcy cases. The first case was a voluntary Chapter 11 case filed by Thomas and Mari Grabanski on July 22, 2010. The second case—the one particularly involved here—...
VENTERS, Bankruptcy Judge. The Chapter 7 Trustee, John S. Lovald, appeals the bankruptcy court's entry of a judgment in favor of the Defendants on his complaint seeking turnover under 11 U.S.C. 542 of money allegedly owed to the bankruptcy estate. We have jurisdiction over this appeal pursuant to 28 U.S.C. 158(b). For the reasons set forth below, we affirm the judgment of the bankruptcy court. 1 STANDARD OF REVIEW Findings of fact are reviewed for clear error, and legal conclusions are...
VENTERS, Bankruptcy Judge. This is an appeal of the bankruptcy court's order granting Creditor Dealer Computer Services, Inc. ("DCS") relief from the automatic stay to proceed with arbitration of its claim against the Debtor's bankruptcy estate. An order granting relief from the automatic stay is a final order over which we have jurisdiction. 1 For the reasons stated below, we affirm the bankruptcy court's order. 2 I. STANDARD OF REVIEW A decision to grant or deny a motion for relief from...
FEDERMAN, Bankruptcy Judge. Debtor Panther Mountain Land Development, LLC owns certain tracts of undeveloped real estate. More than a year prior to the filing of this bankruptcy case, representatives of the Debtor obtained the approval of the Pulaski County Court to form certain Improvement Districts under applicable Arkansas statutes. The Improvement Districts are separate entities which are not themselves in bankruptcy. Secured creditor National Bank of Arkansas now contends that such...
SCHERMER, Bankruptcy Judge. Elizabeth E. Nail appeals from the judgment of the bankruptcy court determining that her failure to turn over $46,016.25 in lawsuit settlement proceeds to Arvest Mortgage Company and the Federal National Mortgage Association (together, "Creditor") resulted in a non-dischargeable debt pursuant to 11 U.S.C. 523(a)(4). The Creditor cross-appeals, arguing that the bankruptcy court should have found the non-dischargeable debt to be $65,000, the gross amount of the...
FEDERMAN, Bankruptcy Judge. Plaintiff John S. Lovald, the Chapter 7 Trustee in the bankruptcy case of Jeremiah Joseph Paul and Stacy Marie Paul, appeals from the Order of the Bankruptcy Court 1 finding in favor of Defendants Marissa Hunter and Misti Paul on the Trustee's adversary proceeding to recover fraudulent transfers from them. For the reasons that follow, the judgment is AFFIRMED. FACTUAL BACKGROUND Curtis Paul is the father of Debtor Jeremiah Paul and Defendant Misti Paul, who is...
NAIL, Bankruptcy Judge. Northland National Bank ("Bank") appeals the June 11, 2010 judgment of the bankruptcy court 1 in favor of Debtor David P. Lindsey. We affirm. BACKGROUND In 1985, Debtor and his wife formed Lanadar Corp., a Missouri corporation. Lanadar operated a home improvement, consulting, and sale business. In August 2005, Debtor and his wife transferred certain gold coins to Lanadar to capitalize the corporation. In June 2005, Debtor and Thomas Clark formed American...
KRESSEL, Chief Judge. The Standard Insurance Company appeals 1 from an order of the bankruptcy court granting the debtor's complaint for a declaratory judgment. The court determined that Standard may not recoup $45,316.54 of disability insurance "overpayments" from the debtor's future disability payments. For the reasons below, we reverse and remand. BACKGROUND The facts were established by stipulation of the parties and are not in dispute. The debtor, Joseph Terry, was employed by the...
Alabama Power Company; There appears to be no dispute that the balance of the 3321 Account was frequently reduced to zero or overdrawn between the dates of the deposits of the customers' alleged trust money and the dates when funds were transferred to the Defendants in payment of utility bills.
The debtors have both appealed. Therefore, the bankruptcy court held that debtors may not avoid the lien since the lien fixed prior to the debtors acquiring their current interests in the property., Under Arkansas law, the lien fixed to the property when Commercial Bank's judgment was entered.
, United States Bankruptcy Appellate Panel of the Eighth Circuit.FACTUAL BACKGROUND, In February 2011, Klein Bank filed two lawsuits against David Schmidt, Douglas Schmidt, and Dale Schmidt, and several of their companies in the District Court of Wright County, Minnesota (the Replevin Actions).
, In re Elizabeth E. Nail, Debtor., The bankruptcy court also determined that even though Arvest had standing to bring its cause of action, it was not the real party in interest based on its transfer of the property to Fannie Mae after the foreclosure sale. Assignment of Miscellaneous Proceeds;
v., Damian Gerald Chapman; Like the court in Minnesota, the Iowa bankruptcy court denied the U.S. Trustee's motion to dismiss on the basis that § 707(b)(1) did not apply to a case that was commenced by the filing of a petition under Chapter 13 and converted to a case under Chapter 7 post-petition.
, United States Bankruptcy Appellate Panel of the Eighth Circuit.Daryl Brown The bankruptcy court erred in holding that Mr. Reuter had sold unregistered securities in violation of the Missouri Securities Act of 2003, notwithstanding the failure of the Cutcliff plaintiffs to prove such claims;
