, Filed December 20, 2002. The second appeal is from the bankruptcy court's order of January 28, 2002, in which the court confirmed the Chapter 13 plan of Debtor, Vincent W. Michels (Debtor), over the objection of MSB and disallowed MSB an informal proof of claim. A flurry of motions followed.
, Filed: July 2, 2002. We conclude that the bankruptcy court properly applied the marshaling doctrine to require the Taxing Authorities to proceed first against the real property to satisfy their claims before participating in any distribution from the bankruptcy estate.
, KRESSEL, Bankruptcy Judge.Enforcement of Settlement, In her third motion, Martin asks that the bankruptcy court enforce the settlement by ordering Cox and Sanford to deliver title of real property in Dallas to her parents, John Paul Martin and Hazel Victoria Martin. Martin v. Cox, 213 B.R.
The Court entered an Order for Judgment dated February 28, 2002, in which it memorialized the rulings made at the hearing, namely: granting Hartford's motion to interplead; For that reason, according to the Debtor's attorney, he recommended settlement to the Debtor and he agreed to settle.
, *329 In this case, the bankruptcy court concluded that repayment of the student loan indebtedness to ECMC would impose an undue hardship on Long and discharged the debt. There is no reason to view the trial court's findings as unreliable merely because no expert evidence was introduced.
, Laclede Steel Co. and Concast Canada, Inc. had been engaged in business for many years. Rather, the average time it took Laclede to pay its obligations to Concast, prior to the 90 day preference period, was 52 days, although at least one payment had been as late as 70 days past invoicing.
109 (2002), In re Carla Mae WILSON, Debtor., [4] While Land is a venue case, the issue in that case was one of timeliness in filing a motion to change venue, not whether the bankruptcy judge sua sponte could dismiss the bankruptcy case, which is the issue we deal with in this case.
, Christopher David Loudon, Debtor , United States Bankruptcy Appellate Panel of the Eighth Circuit. The bankruptcy court did not grant relief from the stay to Amogio Foods to enforce any judgment against Loudon or property of the estate without a further order of the court. Blan, 237 B.R.
In its order of March 1, 2002, the bankruptcy court had not only dismissed the Chapter 13 bankruptcy case, but, because of Snyder's failure to obey the orders of the court during the pendency of the case, barred him from filing another case for 180 days from that date.
, Pointing out that the Eighth Circuit had distinguished cases wherein some affirmative act was required in order for the creditor or third party to obtain full title to the property upon expiration of the period of redemption, see Johnson, 719 F.2d at 277, the Bankruptcy Court turned to Iowa law.
, Ronald S. Bergman, D.O.v., Edward L. Wintroub and Pamela Jeanie Wintroub, Debtors In the motion for rehearing, the Creditor seeks a ruling that the automatic stay does not prohibit the commencement or prosecution of a claim against a third party, namely the Iowa Client Security Fund (Fund).
, SCHERMER, Bankruptcy Judge.ISSUE, The issue on appeal is whether the bankruptcy court abused its discretion when it denied the Creditor's motion for relief from the automatic stay of 11 U.S.C. ยง 362 to prosecute a claim against a professional disciplinary commission fund.
, United States Bankruptcy Appellate Panel of the Eighth Circuit. On February 12, 2002 the bankruptcy court issued its memorandum opinion and order allowing the employment of Houlihan Lokey, but disapproving the indemnification and exculpation provisions in the engagement agreement.
, On April 26, 2002, Harker filed a timely appeal from the Bankruptcy Court's Order. The district court remanded solely for a determination of Harker's tax liability, including the interest that has accrued on those taxes, and the proper credit to be given for payments received by the IRS.
, United States Bankruptcy Appellate Panel of the Eighth Circuit. and Michele Lea Eggert (Appellants) appeal an order of the bankruptcy court[1] granting debtor Thomas M. Sendecky a discharge and denying Appellants' motion for sanctions based upon the inadequacy of Mr. Sendecky's pre-trial brief.
, The bankruptcy court determined that the transfers of cattle from Barry County to the Debtor occurred on the dates of the auctions and that the deliveries of the cashier's checks two weeks after the auctions in satisfaction of the purchase prices were not contemporaneous exchanges for new value.
The bankruptcy court granted the motion for summary judgment, holding that the collateral estoppel doctrine should be applied to the default judgment, and that Mr. Raffel's debt to Car Color is nondischargeable. That is the same issue presented in the state court case.
In a motion for summary judgment in this bankruptcy case, Ms. Siemer alleged that the amount of the Illinois state court judgment was $42, 841.69. Nangle filed his bankruptcy petition two hours after the Missouri court issued its order holding him in contempt of court.
On Account of Illness, Disability, Death, Age or Length of Service, The bankruptcy court determined that the debtors' right to payment from their IRAs is not on account of illness, disability, death, age or length of service as required by the statute and Eighth Circuit precedents.
, ReGen Capital III, Inc. (ReGen) appeals the bankruptcy court order approving a stipulation between ReGen and Trism, Inc. and its affiliated debtors (Missouri Debtors) and sustaining the objection of the Official Committee of Unsecured Creditors (Committee) to such stipulation., 777 F.2d at 419;
