, United States Bankruptcy Appellate Panel for the Eighth Circuit., Debtors appeal an order of the bankruptcy court[1] granting relief from the automatic stay to Case Credit Corporation (hereinafter Case) to enable it to continue pre-petition litigation in Pennington County, Minnesota.
, Debtor Phylis Michele Dove-Nation (Debtor) appeals the bankruptcy court[1] order overruling her objections to claims filed by eCast Settlement Corporation (Claimant). the last four digits of the account number and the account type which was listed as credit card for each;
Appellee the Department of Revenue for the State of Minnesota (MDOR) cross-appeals on the issue of whether the bankruptcy court had jurisdiction to enter the order in response to United's motion. Kissimmee paid the tax and then filed suit in state court seeking declaratory relief.
, Filed: November 1, 2004., This is an appeal from an order of the bankruptcy court entered on May 25, 2004, sustaining the objection of Robert J. Blackwell, chapter 7 trustee (Trustee), to Debtor Melissa Lynn Ardrey's amended claim of exemption in a tax refund. That is the issue we rule upon here.
493, 46 L. Ed. 713 (1902).CONCLUSION, The financial obligation imposed on owners of heavy highway vehicles pursuant to Section 4481 of the Internal Revenue Code is an excise tax on a transaction which is entitled to priority treatment pursuant to Section 507(a)(8)(E) of the Bankruptcy Code.
, The debtor, Michael Strong, appeals from an order of the bankruptcy court[1] excepting from discharge the debts owed by Strong to the State of Nebraska.BACKGROUND, On June 13, 2000, debtors Michael and Maureena Strong filed for bankruptcy relief under Chapter 7 of the Bankruptcy Code.
Subsequently, Patriot Company did file a case in the Dakota County, Nebraska state court (the Nebraska Litigation) challenging the notices of default and seeking damages based on the allegedly wrongful Trustee's sale. On June 2, 2003, Yates filed a document entitled Motion to Set Aside Compromise.
The appellate court also recognized that the debtor informed the trustee early on of certain assets that were omitted from the schedules, noting [t]he fact that a debtor comes forward with omitted material of his own accord is strong evidence that there was no fraudulent intent in the omission.
, Motor Coach Industries, Inc. (Appellant) appeals the bankruptcy court order authorizing Wayne Drewes (Trustee) to conduct an examination of the Appellant pursuant to Federal Rule of Bankruptcy Procedure 2004., An estate was created when the Debtor filed her Chapter 13 petition on June 21, 2002.
[6], After we dismissed appeals from both orders as interlocutory, [7] the bankruptcy court, on November 12, 2004, entered judgment dismissing the case, based on the prior determination that Corn-Pro was a farmer, and denying Corn-Pro's motion for fees and expenses., (A) costs; Stat. Ann.
Instead, the limited issue on appeal is whether the bankruptcy court abused its discretion when it granted the Creditor's motion for relief from the automatic stay of 11 U.S.C. ยง 362 to pursue its interests in the Debtor's vehicle. Credit Union v. Boodrow (In re Boodrow), 126 F.3d 43 (2nd option.
On November 18th, Thomas filed her chapter 7 petition., Thus, we agree with the bankruptcy court that, under Missouri law, Money Mart was a person entitled to enforce the checks and thus its demand for payment constituted presentment covered by the exception to the automatic stay.
Attorney Jack drafted the stock purchase agreement. Leuang, 211 B.R., The Creditor's case centers on the following premise: the Debtor failed to disclose the fact that Arvest Bank had a lien on the jewelry which the Creditor received in exchange for his stock in the Corporation.
FACTUAL BACKGROUND, FEDERMAN, Bankruptcy Judge.[4] On that same date, the court continued the hearing on the motion to dismiss until such time as it made a final ruling on Order # 65, [5] the order on summary judgment. On June 16, 2004, Corn-Pro filed a notice of appeal from the June 1, 2004 order.
DISCUSSION, Cruz makes two equally frivolous arguments in this appeal. Crofford, however, also ruled that the sanctions imposed would have been appropriate if the bankruptcy court had ordered them to be paid to the court, whereas Norsyn did not comment on the appropriateness of the sanctions.
, On May 27, 2004, an administrative panel of this Court granted leave to FL Trust to file an interlocutory appeal of the bankruptcy court's order, reasoning that an immediate appeal would materially advance the reorganization process., [4] Perry and Carol Beaton only own 75% of Gilbertson;
Wendover Fin. 1001 provides that bankruptcy rules and forms govern procedure in all cases under Title 11.CONCLUSION, The bankruptcy court properly found that Briggs violated Rule 9011 when he filed a Chapter 13 petition without the debtor's signature and it assessed an appropriate sanction.
, The bankruptcy court also found that Airline Software failed to establish that the Preference Payments were subjectively ordinary because Access Air made at least two of the payments in response to Rosen's threat in August 1999 to stop supporting the Software. 153 F.3d 902 (8th Cir.1998).
, United States Bankruptcy Appellate Panel of the Eighth Circuit., Patreka Harrison (Harrison), the debtor in the underlying bankruptcy case, appeals from the final order of the bankruptcy court[2] dismissing her adversary proceeding against Singer Asset Finance Company, LLC.
, KRESSEL, Chief Judge. On March 8, 2004, Strong filed a third Chapter 13 petition. On March 16, 2004, a hearing on the bank's motions was held. Under longstanding and well settled Eighth Circuit case law, the sale rendered the appeal from the order granting relief from the automatic stay moot.
