SALADINO , Chief Judge . The Appellant, R. Ray Fulmer, II, Chapter 7 Trustee, appeals the May 2, 2017, and September 26, 2016, orders of the bankruptcy court 1 dismissing his complaint and denying leave to file a further amended complaint. We have jurisdiction over this appeal from the final orders of the bankruptcy court. See 28 U.S.C. 158(b). For the reasons stated below, we affirm. STANDARD OF REVIEW This court reviews the bankruptcy court's grant of a motion to dismiss de novo....
SALADINO , Chief Judge . On March 10, 2014, the bankruptcy court 1 denied Starion Financial's ("Starion") motion to compel payment of Starion's attorneys' fees and expenses in accordance with the confirmed Chapter 11 plan of reorganization and granted the Debtors' motion to disallow Starion's attorneys' fees and costs. Starion appealed to this panel, and we reversed the decision of the bankruptcy court and remanded the case for consideration of the issues as to timeliness and...
FEDERMAN , Chief Judge . Debtor Herman Eugene Paulson appeals from an Order of the Bankruptcy Court 1 denying his motion to reinstate his dismissed Chapter 13 bankruptcy case and an Order denying his motion to reconsider that Order. For the reasons that follow, we affirm. FACTUAL BACKGROUND This case stems from a long-running dispute between the Debtor and two of his creditors, People's State Bank and Sunflour Railroad, Inc. The details of that dispute have been recounted in numerous...
NAIL , Bankruptcy Judge . Civic Partners Sioux City, LLC appeals the July 8, 2015 order of the bankruptcy court dismissing its chapter 11 bankruptcy case. We reverse and remand. BACKGROUND Civic Partners Sioux City, LLC ("Civic Partners") owns commercial real estate, known as the Promenade, in the Historic Fourth Street Redevelopment District of Sioux City, Iowa ("City"). Northwest Bank ("Bank") holds a mortgage against the Promenade and an assignment of rents to secure a promissory note...
SCHERMER , Bankruptcy Judge . Heritage Bank (Heritage) appeals from a Bankruptcy Court order confirming Suzette Woodward's (Debtor) Fifth Amended Chapter 11 Plan. The confirmation order is a final order of the Bankruptcy Court over which we have jurisdiction on appeal. See 28 U.S.C. 158(b). The Notice of Appeal and Statement of Election also references an April 29, 2014 order denying the Debtor's Third Amended Plan. We believe that the denial of confirmation of the Debtor's Third...
FEDERMAN , Chief Judge . In this adversary proceeding, the Bankruptcy Court avoided a lease of farmland between Debtor Keeley and Grabanski Land Partnership, and Louis Slominski, as a fraudulent transfer. Pertinent to this appeal, the Court also held that Slominski was obligated under 550(a) to pay the Trustee the fair market rent for the time he occupied the land prior to the avoidance, rather than the lower rent called for by the lease. And, the Court awarded Slominski an offset, as a...
FEDERMAN , Chief Judge . David Kimbro Stephens appeals from the Order of the Bankruptcy Court 1 denying his Motion for Reconsideration of the Court's Memorandum Opinion and Judgment ordering sanctions against him under Federal Rule of Bankruptcy Procedure 9011. For the reasons that follow, the Order of the Bankruptcy Court is AFFIRMED. FACTUAL BACKGROUND The appellant, David Kimbro Stephens, is an attorney. He is an owner and the controlling principal of Living Hope Southwest Medical...
SALADINO , Bankruptcy Judge . The Appellant, GE Capital Commercial, Inc. ("GE Capital"), appeals the decision of the bankruptcy court denying its motion for allowance of an administrative expense claim for unpaid lease obligations against the Debtor-Appellee, Sylva Corporation, Inc. ("Sylva"). For the reasons set forth below, we reverse and remand for further proceedings. FACTUAL BACKGROUND The parties are in agreement on the pertinent facts applicable to this appeal. 1 In November 2007,...
NAIL , Bankruptcy Judge . James G. Jandrain, Distefano Family Ltd. Partnership, George Allison, Jr., Frank and Phyllis Cernik, Chris and Amy Daniel, Timothy Jackes, George Kramer, and Bernie Marquardt (collectively, "Jandrain, et al. ") appeal the May 22, 2014 judgment of the bankruptcy court determining certain funds were property of the bankruptcy estate, awarding Trustee Thomas D. Stalnaker certain fees and expenses, and surcharging those fees and expenses against the funds the...
SHODEEN, Bankruptcy Judge. John A. Larson, III, appeals the November 1, 2013 orders entered by the Bankruptcy Court 1 granting a Motion to Dismiss his complaint and denying his Motion for Retroactive Approval to Prosecute Derivative Action Complaint. For the reasons that follow, we AFFIRM. FACTUAL AND PROCEDURAL BACKGROUND Cindy M. Foster ("Debtor") was an agent for Allstate Insurance Company and a number of associated entities. According to a purchase agreement dated April 26, 2010, John...
SCHERMER, Bankruptcy Judge. Robert L. Fields (the "Debtor") appeals from the judgment of the bankruptcy court 1 excepting a debt owed to Community Finance Group, Inc. ("CFG") from the Debtor's discharge under 11 U.S.C. 523(a)(2)(A). We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. 158(b). We affirm. ISSUES The issues in this appeal are whether the bankruptcy court clearly erred when it found that: (1) the Debtor made a...
FEDERMAN, Chief Judge. The Chapter 7 Trustee in the bankruptcy case of Grace M. Johnson appeals from the Order of the Bankruptcy Court holding that a property tax refund is exempt under Minn.Stat. 550.37, subd. 14, as "government assistance based on need." For the reasons that follow, we reverse. FACTUAL BACKGROUND Debtor Grace M. Johnson is an 88-year old widow whose only regular source of income is social security. She owns a home valued at $200,000 with approximately $150,000 in equity....
SCHERMER, Bankruptcy Judge. Kathy A. Cruz, appeals from the: (1) September 11, 2013 Order Imposing Sanctions and Judgment; and (2) October 1, 2013 Order Denying Motion to Vacate or to Alter or Amend Judgment. For the reasons that follow, we rule consistently with respect to the bankruptcy court's two decisions, affirming in part, and reversing and remanding in part. ISSUES The issues in this appeal are whether the bankruptcy court erred when it: (1) decided that Cruz violated Federal...
NAIL, Bankruptcy Judge. Trustee Thomas Stalnaker and Centris Federal Credit Union appeal the May 21, 2013 judgment of the bankruptcy court to the extent it determined certain funds were not property of the bankruptcy estate. James G. Jandrain, Distefano Family Ltd. Partnership, George Allison, Jr., Frank and Phyllis Cernik, Chris and Amy Daniel, Timothy Jackes, George Kramer, and Bernie Marquardt appeal the same judgment to the extent it awarded Stalnaker certain fees and expenses and...
KRESSEL, Bankruptcy Judge. The debtor, Doug Walker, appeals the bankruptcy court's 1 order determining that a debt arising from a civil judgment in favor of the appellees, Sailor Music, Controversy Music, Innocent Bystander, Write Treatage Music, Universal Polygram International Publishing, Inc. and Hideout Records and Distributors, Inc., for copyright infringement was excepted from discharge under 11 U.S.C. 523(a)(6). We affirm. BACKGROUND The debtor was a managing member of Twister's...
ORDER On November 24, 2014, we affirmed the bankruptcy court's award of actual damages for Eldon Bugg and Danny Bugg's willful violation of the automatic stay but reversed its award of punitive damages. The Buggs have now made a motion for rehearing. As we find no merit in the motion, it is denied. Federal Rule of Bankruptcy Procedure Rule 8022 governs motions for rehearing. It requires the motion "to state with particularity each point of law or fact that the movant believes the district...
JUDGMENT Pursuant to the judgment of the United States Court of Appeals, the mandate in this case is hereby recalled and the Panel's opinion and judgment of November 29, 2012 are vacated. It is further ordered and adjudged that the judgment of the Bankruptcy Court is reversed and this case is remanded to the Bankruptcy Court for proceedings consistent with the opinion of the U.S. Court of Appeals. Mandate shall issue forthwith.
NAIL, Bankruptcy Judge. Debtor Pepper Minthia Hardy ("Debtor") appeals the May 16, 2013 order of the bankruptcy court 1 sustaining Chapter 13 Trustee Richard Fink's ("Trustee") objection to Debtor's claimed exemptions. We affirm. 2 BACKGROUND Debtor filed a petition for relief under chapter 13 of the bankruptcy code. On her schedule C ("Property Claimed as Exempt"), Debtor claimed exempt, as a "public assistance benefit" under Mo. REV. STAT. 513.430.1(10)(a), 3 the portion of her...
FEDERMAN, Chief Judge. Appellant Terri A. Running, the Chapter 7 Trustee in the bankruptcy case of Joseph Matthias Miller, contends that the Bankruptcy Court 1 erred in holding that an annuity owned by the Debtor qualifies as an "individual retirement annuity" under 408(b) of the Internal Revenue Code 2 and is, therefore, exempt under 522(b)(3)(C) of the Bankruptcy Code. 3 We affirm. FACTUAL BACKGROUND The parties do not dispute the facts. 4 Debtor Joseph Matthias Miller filed a...
NAIL, Bankruptcy Judge. Michael Calandrillo appeals the final judgment of the bankruptcy court 1 entitling Trustee Charles W. Ries to recover $65,000 from Calandrillo pursuant to 11 U.S.C. 547(b) and, by implication, 550(a). We affirm. BACKGROUND In April 2007, Calandrillo purchased a boat from Plantation Boat Mart & Marina, Inc. The boat proved to be defective, and in October 2008, Calandrillo filed a statement of claim with the American Arbitration Association, naming Genmar Industries,...
