, United States Bankruptcy Appellate Panel for the Eighth Circuit. On the other hand, at least one court (in addition to the Bankruptcy Court's ruling in this case) has held that such payments received pursuant to a program enacted postpetition are not property of the bankruptcy estate.
The SLGF appeals. According to the Bankruptcy Court, through no particular fault of her own, [the Debtor] does not have the current financial resources, and will not have future financial resources, to fund her reasonable living expenses and make any payment toward defraying her student loan debt.
After notice and a hearing, the court ordered Debtor to file, no later than March 9, 2001, operating reports for September 2000 through January 2001, and to file all monthly operating reports on a timely basis thereafter.DECISION, A bankruptcy court may dismiss a Chapter 11 case for cause.
, Filed: November 5, 2001. The Debtor appeals.CONCLUSION, Because the Bankruptcy Court properly determined that the Eighth Circuit's decision in Deretich required that the Debtor's claimed exemption in IRA funds awarded to him through his marriage dissolution be denied, the judgment is affirmed.
, *34 David L. Johnson, Fargo, ND, for Dullea Land Company. Central to the court's decision was its finding that Debtors had received reasonably equivalent value in return for the transfers of the property when Ideal Ag reduced the outstanding amount of the debt by $4, 956, 800.
, Following his injury on January 20, 1993, Jafarpour submitted his claim to American Midwest and Credit General for insurance coverage and benefits. The state court entered judgment in favor of Jafarpour against Shahrokhi in the amount of $445, 937.27, plus costs and attorney fees.
, This is an appeal from an order of the bankruptcy court[1] dated May 9, 2001, which granted the Appellee, Option One Mortgage Corp (Option One), relief from the automatic stay to foreclose its mortgage on the property owned by Joseph Fields (Debtor)., 219 F.3d 807, 811 (8th Cir.2000)).
The Petersons had alleged that Rothweiler's secured claim should be disallowed because he had violated the Truth In Lending Act (TILA) when making two loans to them, and that they had properly rescinded the transactions. The Petersons filed their notice of appeal on May 18, 2001.
(citations omitted), The Bankruptcy Court was bound by the Eighth Circuit's previous decisions in this case and could not consider Alexander's arguments in the Rule 60(b) motion, either new or re-hashed, as to whether he was entitled to claim the 875 Laurel property as his homestead.
, In the early stages of the case against Nancy Lurie, at Lurie's request, the bankruptcy court issued an order dated February 21, 1995 which enjoined, until further order of the court, sale by anyone, including the Luries and Blackwell, of certain artwork and a wine collection (the freeze order).
, On March 21, 2001, the bankruptcy court issued an order denying the application for order reopening the Debtor's chapter 11 case. Additionally, courts have ruled that a motion to reopen under § 350 and pursuant to Rule 5010 can be considered ex parte and without a hearing.
[2], In these cases, consolidated for the purposes of appeal, GHG and Ameristeel appeal both the bankruptcy court's allowance of the amendment to conform to the evidence and the finding that Rich-Con did not receive reasonably equivalent value in exchange for its payments to the Appellants.
[3], In April 2000, the debtor filed a motion to amend her petition to show Arizona as her residence and requested transfer of venue to that state, asserting that the Missouri bankruptcy court no longer had jurisdiction over her chapter 7 case. Notice of Chapter 7 Bankruptcy Case (August 7, 1998).
I., SCOTT, Bankruptcy Judge.[3], In April 2000, the debtor filed a motion to amend her petition to show Arizona[4] as her residence and requested transfer of venue to that state, asserting that the Missouri bankruptcy court no longer had jurisdiction over her chapter 7 case. 106, 67 L. Ed. 244;
, SCHERMER, Bankruptcy Judge., Marilyn M. Moss (the Debtor), appeals the bankruptcy court[1] ruling finding that Steven C. Block's (the Trustee) Complaint Objecting to Dischargeability of Debts (the Complaint) was timely filed and denying the Debtor's discharge under 11 U.S.C. § 727(a).
Immediately before this scheduled meeting, on June 28, 2000, Moss filed amended schedules in which she formally disclosed, for the first time, some of the personal property that the FBI and trustee investigations had disclosed and claimed it exempt under Arizona and California statutes.
, WILLIAM A. HILL, Bankruptcy Judge. We have jurisdiction over this appeal from the final order of the bankruptcy court., McDaniel's objection to RCDCSS's proof of claim relates to the amount of the child support debt that was owed at the time McDaniel filed his bankruptcy petition.
The debtor filed an amended plan on July 7, 2000. We therefore feel compelled to reverse the order of the bankruptcy court and remand so that the bankruptcy court can determine the secured claim of American General Finance in light of the first mortgage and the mechanics lien claim.
, The Debtor, Myrtle M. Montgomery, appeals from the order of the bankruptcy court[2] under which Dennis Joslin Co. II, LLC (Joslin) received relief from the automatic stay in bankruptcy to pursue its remedies in the Missouri state courts to recover possession of certain real estate. 42 F.3d at 34.
[3] While the parties do not dispute that the Trustee received this Notice, Funaro never filed with the bankruptcy court a formal motion for sanctions. Indeed, the court held that the trustee failed to identify any contract of value between any insurance company and the Corporation.
