SALADINO, Bankruptcy Judge. The Chapter 7 trustee appeals the June 24, 2010, judgment of the bankruptcy court in favor of the defendant, denying the trustee's request to sell jointly owned real estate free and clear of the defendant co-owner's interest pursuant to 11 U.S.C. 363(h). For the reasons set forth below, we remand. Background The debtor and his wife own a single-family residence in Rapid City, South Dakota. They hold title as tenants in common. When the debtor filed his...
SCHERMER, Bankruptcy Judge. Gary E. VanCura (the "Creditor") appeals from an Order of the bankruptcy court granting the motion of Renee K. Hanrahan, Chapter 7 trustee (the "Trustee") for the bankruptcy estate of Robert E. Meill (the "Debtor"), to sell real estate purchased by the Debtor from the Creditor on contract free and clear of all liens. 1 We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. 158(b). For the reasons set forth below, we...
KRESSEL, Chief Judge. Eugene Babb appeals from an order of the bankruptcy court 1 entered on July 19, 2010 denying his Rule 60(b) motion for relief from the judgment entered on September 3, 2009. We affirm. Standard of Review "It is within the trial court's discretion to determine whether the Rule 60(b)(3) test has been met, and on review the only inquiry is whether there has been an abuse of discretion." E.F. Hutton & Co. v. Berns, 757 F.2d 215 , 217 (8th Cir. 1985). BACKGROUND Eugene...
NAIL, Bankruptcy Judge. Gary L. Holsinger and Sherry Holsinger appeal the July 9, 2010 judgment of the bankruptcy court 1 dismissing their complaint against Renee K. Hanrahan and Heritage Bank. We affirm. BACKGROUND Robert Miell filed a petition for relief under chapter 11 of the bankruptcy code. The bankruptcy court converted the case to chapter 7, and the United States Trustee appointed Hanrahan to serve as the chapter 7 trustee. Hanrahan filed a motion to sell several parcels of real...
FEDERMAN, Bankruptcy Judge. Kip M. Kaler, as Bankruptcy Trustee for Debtors Grant A. Kendall and Andrea L. Kendall, appeals from the Judgment of the Bankruptcy Court 1 finding that the Kendalls' payments to Able Debt Settlement, Inc. for debt settlement services were not fraudulent transfers pursuant to 11 U.S.C. 548(a)(1)(B). For the reasons that follow, we AFFIRM. BACKGROUND In 2008, the Kendalls realized that they were in financial trouble. They considered filing for bankruptcy...
SCHERMER, Bankruptcy Judge. This matter concerns three appeals related to two adversary proceedings tried in the bankruptcy court. Two of the appeals (Appeal Nos. 10-6027 and 10-6049) were filed by Rodney Nathan Goodwin (the "Debtor"). These two appeals concern the merits of the adversary proceedings filed by the United States Trustee (the "U.S. Trustee") and a creditor, St. Ansgar Mills, Inc. (the "Creditor"), against the Debtor. After a combined trial on the complaints in the adversary...
SALADINO, Bankruptcy Judge. Chad R. Toftness appeals the judgment of the bankruptcy court 1 dated June 1, 2010, revoking the debtor-defendant's discharge pursuant to 11 U.S.C. 727(d)(2). We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. 158(b). For the reasons stated below, we affirm. STATEMENT OF THE CASE The trustee, Gene W. Doeling, brought this proceeding under 11 U.S.C. 727(d)(2), 2 which provides: (d) On request of the...
VENTERS, Bankruptcy Judge. The Debtor appeals the bankruptcy court's order sustaining the Trustee's objection to a portion ($7,700) of the Debtor's homestead exemption. For the reasons set forth below, we reverse. I. STANDARD OF REVIEW Findings of fact are reviewed for clear error, and legal conclusions are reviewed de novo. 1 A bankruptcy court's denial of a claim of exemption is a final, appealable order. 2 II. BACKGROUND On September 15, 2009, the Debtor sold his homestead for $225,...
VENTERS, Bankruptcy Judge. These appeals seek review of the bankruptcy court's order dismissing the state-court petition brought by the Plaintiffs, the National Benevolent Association of the Christian Church (Disciples of Christ) ("NBA") and the State of Missouri, and removed to the bankruptcy court by the Defendant, Weil, Gotshal & Manges, LLP. NBA's and the State's primary contention is that the bankruptcy court should have remanded the matter to state court rather than dismissing their...
State of Missouri, ex rel Chris Koster, Attorney General of Missouri, Plaintiff-Appellant, v., WEIL, GOTSHAL MANGES, LLP, Defendant-Appellee. Therefore, we find that the bankruptcy court properly concluded that it lacked subject matter jurisdiction over NBA's claims against Weil.
, Even if we assume that the allegedly false testimony alone would satisfy the fraud, misrepresentation or misconduct prong under Rule 60(b)(3), the bankruptcy court found that the appellant had not presented clear and convincing evidence that the bank had presented false testimony.
, Gary L. Holsinger and Sherry Holsinger appeal the July 9, 2010 judgment of the bankruptcy court[1] dismissing their complaint against Renee K. Hanrahan and Heritage Bank. The notice of a proposed. shall be served on the parties who have liens or other interests in the property to be sold.
, FEDERMAN, Bankruptcy Judge. The service agreement states that Able makes no guarantees about the outcome of its services, and Andrea Kendall testified that she knew it was their responsibility to contribute to the savings account to fund any settlements Able reached with the creditors.
Further, the bankruptcy court found that Chad Toftness personally had an interest in certain promissory note payments flowing into a bank account of Chad Toftness and the limited liability companies. Viking Energy, LLC (Viking), executed a promissory note in favor of Setco for $700, 000.00.
, The Debtor, Virginia T. Moretto, appeals the bankruptcy court's order granting the State of Minnesota's motion for summary judgment on its complaint against Moretto to determine the dischargeability of a stipulated restitution judgment debt that Moretto owes to the State.
, Brett William Marino appeals the April 6, 2010 judgment of the bankruptcy court[1] dismissing his complaint against Joe Seeley.*680 CONCLUSION, For the foregoing reasons, we affirm the bankruptcy court's judgment dismissing with prejudice Marino's complaint against Seeley.
Food Barn, 107 F.3d at 562. As was previously mentioned, since the Creditor's 2008 loan was not secured by the Property, the sale price was greater than the liens on the Property and the bankruptcy court properly determined that the Trustee could sell the Property free and clear of liens.
v., Eddie Nelson Thompson;, [2] The Trustee had also objected to a previous plan filed by the Debtors based, in part, on the contention that the plan did not meet the good faith standard under section 1325(a)(3) because the Debtors did not devote all of their Social Security income to it.
The undisputed evidence was that the Debtor's loans qualify for the William D. Ford Federal Direct Loan Program and that, under either the Income Contingent Repayment Plan or the Income Based Repayment plan, at her current income level, her student loan payments would be zero.
, Omaha State Bank appeals from the order of the Bankruptcy Court declaring that the Bank's deeds of trust on the Debtor's real property were not properly acknowledged and recorded under Nebraska law and declaring such deeds of trust void., [8] Troyer v. Mundy, 60 F.2d 818, 820 (8th Cir.
