SALADINO, Bankruptcy Judge. Susan Bala appeals the bankruptcy court's 1 summary judgment determination that the bankruptcy estate is entitled to the cash value proceeds of a life insurance policy the Debtor had obtained for Bala during her employment. For the reasons stated below, we affirm. STANDARD OF REVIEW We review a bankruptcy court's grant of summary judgment de novo, Mwesigwa v. DAP, Inc., 637 F.3d 884 , 887 (8th Cir.2011) (citing Anderson v. Durham D & M, L.L.C., 606 F.3d...
KRESSEL, Chief Judge. Frank Williams and Stephen Sherman Wyse appeal from a February 7, 2012 bankruptcy court 1 order granting in part and denying in part Wyse's Motion to Reconsider Order of the Court Granting in part the Motion for Sanctions. The bankruptcy court ruled that Williams had to dismiss count I of a state court complaint within 15 days of the order but could continue to pursue counts II and III. The order reaffirmed an award of $1,500.00 in attorney fees to be paid by Wyse to the...
VENTERS, Bankruptcy Judge. The Debtor, Mark Swanson, appeals from the decision of the bankruptcy court granting the United States Trustee's motion under Fed. R. Bank. P. 8012 and Fed.R.Civ.P. 12(c) for judgment on the pleadings in an action to deny the Debtor's discharge under 11 U.S.C. 727(a)(3) and (a)(5). For the reasons stated below, we reverse the bankruptcy court's decision and remand the case for further proceedings consistent with this opinion. BACKGROUND Because this is an appeal...
SCHERMER, Bankruptcy Judge. The Debtor, Dennis J. Charles (the "Debtor"), appeals from the ruling of the bankruptcy court 1 denying his discharge pursuant to 11 U.S.C. 727(a)(2)(B) and (a)(4)(A). We have jurisdiction over this appeal from the final judgment of the bankruptcy court. See 28 U.S.C. 158(b). For the reasons set forth below, we affirm. ISSUE The issue on appeal is whether the bankruptcy court properly denied the Debtor's discharge under 727(a)(4)(A). BACKGROUND On...
SCHERMER, Bankruptcy Judge. The debtor, Kent D. Bushnell (the "Debtor"), appeals an order of the United States Bankruptcy Court for the District of Nebraska, 1 granting relief from the automatic stay to Bank of the West. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. 158(b). For the reasons set forth below, we affirm. ISSUE The issue on appeal is whether the bankruptcy court properly granted relief from the automatic stay to Bank of the...
SCHERMER, Bankruptcy Judge. The debtor, Steven Christopher Potts ("Potts"), appeals an order of the United States Bankruptcy Court for the Western District of Missouri, 1 directing that a third party, Gary Guilford ("Guilford"), receive a portion of a check made payable jointly to Guilford and Potts for rent of Potts's property. 2 We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. 158(b). For the reasons set forth below, we affirm. ISSUE...
VENTERS, Bankruptcy Judge. Debtor Gregory Boyher appeals the order of the bankruptcy court approving the Chapter 7 Trustee's "Amended Final Report, Proposed Distribution, and Motion for Abandonment," over Mr. Boyher's objection. For the reasons stated below, we affirm the bankruptcy court's order. 1 BACKGROUND This matter arises out of a Chapter 7 bankruptcy case originally filed on February 18, 1999, and closed, without controversy, on August 22, 2000. On May 31, 2007, the Debtors filed a...
SCHERMER, Bankruptcy Judge. The Debtors, Bruce Lawrence Knigge and Mary Ellen Knigge (the "Debtors"), appeal from the ruling of the bankruptcy court 1 granting summary judgment to SunTrust Mortgage, Inc. ("SunTrust"), and denying summary judgment to the Debtors, on the Debtors' adversary complaint that challenged SunTrust's standing to enforce a promissory note and deed of trust on the Debtors' property, and sought to remove the deed of trust from the chain of title to such property. We have...
December 15th hearing, At a hearing on December 15, 2011 the bankruptcy court stated that because no plan had been filed, the case was now either going to be dismissed or converted or the court would entertain the trustee's motion to disburse the lottery winnings. orders or rules of procedure.
, This is an appeal by Trilogy Development Company, LLC (Trilogy) from an order of the bankruptcy court[1] dated January *836 12, 2012, [2] holding that certain funds held by Trilogy constitute sale proceeds which are subject to the liens of Appellee, J.E.not by operation of Missouri law.
, SCHERMER, Bankruptcy Judge. The validity of the foreclosure sale and award of restitution of the Premises are state law matters that the Debtor did not challenge in state court, that were not before the bankruptcy court on the motion for relief from the stay and that are not before us now.
The Debtors filed an amended Schedule B to disclose their interest in the settlement.STANDARD OF REVIEW, The bankruptcy court overruled Mr. Boyher's objection to the Trustee's Amended Final Report based largely on *675 the language of the court's December 12, 2008 order.
, *470 Debtors claimed $13, 600.00 of their interest in their vehicle exempt under Iowa law and filed a motion under 11 U.S.C. § 522(f) to avoid the Heimer estate's judgment lien.
In addition, the article states that there are not any domestic stipulated premium plan life insurance companies, and only two domestic assessment plan insurance companies, that currently conduct business in Missouri. Likewise, §§ 377.300 and 377.090 apply to insurance.
Case No. 08-01382 The Second State Court Lender Liability Action, While the Chapter 13 Bankruptcy Case was pending, the Debtors filed another pro se lender liability Petition against the Bank and Chizek on April 7, 2010 in the Iowa District Court in Black Hawk County., 730 F.2d at 1135;
The term bankruptcy court is the title Congress has bestowed on the bankruptcy judges in a particular district., If Sears was not in bankruptcy, Badami could have sought to enforce the agreement to require Sears to grant AFY a security interest in the policy or he could have sought money damages.
Missouri Breaks, LLC; Cawley had notice of the bankruptcy but did not file proof of his claims with the bankruptcy court, did not object to the reorganization plan which did not include his claims, and did not appeal from the bankruptcy court order confirming the plan. Snider, 154 F.3d at 811.
v., Gary Guilford, Creditor-Appellee.ISSUE, The issue on appeal is whether Guilford had a right to funds for rent of Potts's property when the rent check was made payable jointly to Potts and Guilford. Neither Potts nor Guilford had endorsed the Strcue check at the time of the hearing.
Ron H. Sears Trust; Bankruptcy Code § 502(a) explains that [a] claim ...A. Liability under the Stock Sale Agreement, We agree with the bankruptcy court's determination that Robert and Korley failed to overcome the presumptive validity of the proofs of claim filed by the Sears Family Members.
