v., Leonard Powell and Margaret Powell, Debtors-Appellees. In so doing, the bankruptcy court allowed the debtors deductions for transportation ownership expenses for vehicle's owned free and clear of liens in calculating disposable income. Passmore v. Astrue, 533 F.3d 658, 660 (8th Cir.2008);
On October 4, the Objectors filed a Rule 9014 Objections and Notice of Lack of Service and Opportunity to be Heard in the Bankruptcy Court, in which they, inter alia, accused the Trustee of massive fraud and accused the Bankruptcy Court of abrogating its jurisdiction to the Trustee.
The court further held that Acceptance and the debtor were not responsible for, the $9 million balance owed on the reinsurance contract because the premium was due on an annual basis and only in the years in which the debtor faced potential losses in its MPCI insurance business.
In essence, Jackson seeks relief from the PCI Claims Order and the Order denying the Motion to Reconsider, and asks that she be allowed to file the Mediation Statement out of time, based on excusable neglect under Rule 60(b). 60(b), made applicable to this bankruptcy case pursuant to Fed.
In Addison v. Seaver (In re Addison), 540 F.3d 805 (8th Cir.2008), the Eighth Circuit declined to define a bright-line rule on when the transfer of value from non-exempt to exempt assets is egregious enough to be proscribed, choosing instead to leave the discretion largely to the bankruptcy court.
(Caddlerock Joint Venture) appeals from the bankruptcy court's[1] order denying its complaint objecting to the discharge of Wesley and Florence Sandiford (Sandifords). On December 9, 2004, Hibernia transferred the judgment to Cadleway Properties, Inc. (Cadleway Properties).
Stephanie A. Coleman, Debtors. 698, 701, 66 L. Ed. 2d 633 (1981). Green Tree's analysis directly conflicts with a central tenet of bankruptcy law that state law creates property rights and that those rights are to be respected in bankruptcy, even though the results may vary among the states.
, In this appeal, Darla A. Peterson seeks the review of two bankruptcy court orders., Five days before trial, Peterson filed a motion for leave to amend her complaint against the Debtor to state a claim under 11 U.S.C. § 523(a)(14). denied, 477 U.S. 909, 106 S. Ct. 3286, 91 L. Ed. 2d 574 (1986).
, United States Bankruptcy Appellate Panel of the Eighth Circuit. Mitchell's sole argument advanced on appeal is that the bankruptcy court erred in dismissing his complaint on January 22, 2008, because the statute of limitations on his state law claim against the Debtors had not expired.
[3], Ruling on the matter on briefs submitted by the parties, the bankruptcy court entered an order on October 15, 2007, overruling the Debtor's objection and allowing Transport's claim as filed as a secured claim in the amount of $33, 919.79 with 19.24% interest. The Debtor's plan correctly
Jane Doe;[5], The bankruptcy court granted Ameriquest relief from the stay to proceed with its state court action, but the Trustee promptly removed the action to the bankruptcy court and filed a counterclaim seeking to avoid Ameriquest's apparently defective Mortgage under 11 U.S.C. § 544.
, Filed: January 31, 2008., Robert D. Klages (Debtor), appeals the bankruptcy court's[1] judgment revoking his discharge for knowingly and fraudulently failing to turn over a tax refund to the Trustee of his Chapter 7 bankruptcy estate. The Debtor spent the tax refunds on living expenses.
, This is an appeal of the bankruptcy court's determination on summary judgment that certain payments made to the Defendant by Debtor Falcon Products, Inc., within the 90-day preference period were not preferential under 11 U.S.C. § 547., (B) the transfer had not been made; See also, Palmer.
, The Bankruptcy Court denied the UST's motion to dismiss, concluding that the motion was time-barred because the UST did not timely file a statement that the debtors' case would be presumed to be an abuse and did not file the motion to dismiss within the time limit specified in § 704(b)(2).
The Creditor has since paid the tax refund and the stimulus payment to the Debtor. 132, 40 L. Ed. 293 (1895); When circumstances change while an appeal is pending that make it impossible for the court to grant effective relief to a prevailing party, the appeal must be dismissed as moot.
, The parties correctly point out that bankruptcy courts have essentially taken three approaches to the allocation of income tax refunds between spouses who file a joint tax return, where one of them is the main or sole income earner.
instead, he filed a notice of appeal. CONCLUSION, For the reasons stated above, we deny the Trustee's motion to dismiss this appeal, and we affirm the decision of the bankruptcy court sustaining the Trustee's objection to the Debtor's claim of an exemption in his Individual Retirement Account.
Burwell answered the complaint, and Kelly filed a motion to dismiss., After a state court judgment was entered against him and collection efforts had begun, Burwell used both the BFLP and RHFP bank accounts to manage his personal financial affairs and to protect his assets from creditors.
, Omega Consulting (Omega) as assignee of Table Rock Business Services, Inc. (Table Rock) appeals the order of the bankruptcy court[1] denying Omega's application for payment of unclaimed funds from the Chapter 11 bankruptcy estate of Future Trust, Inc. (Debtor).
, Russel Hoggarth appeals orders of the bankruptcy court which disallowed his secured claim and approved the settlement agreement between the debtor's trustee and Midwest Ag Services' trustee.Hoggarth Retained His Lien on the Debtor's Property Despite the Debtor's Bankruptcy.
