Judge Riley

Ritchie Capital Mgmt. LLC v. Stoebner

Ruling: 
Transfer of trademarks to corporate insider of debtor for which proceeds were diverted to Ponzi scheme rather than to debtor held to be fraudulent.
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Commercial case opionion summary, case decided on March 10,2015, LexisNexis #0415-054

Agri Star Meat & Poultry LLC v. Nevel Props. Corp. (In re Nevel Props. Corp.)

Ruling: 
Contract involving well deemed rejected.
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Commercial case opionion summary, case decided on August 28,2014, LexisNexis #0914-110

Sears v. U.S. Trustee (In re AFY)

Ruling: 
Appeals of sale order by shareholders of S corporation that had not objected to terms of sale of estate property properly dismissed.
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Commercial case opionion summary, case decided on October 23,2013, LexisNexis #1113-038

Treadwell v. Glenstone Lodge Inc. (In re Treadwell)

Appellee Chapter 7 debtors, husband and wife, sought to avoid appellant judgment creditor's lien on the debtors' home, and the creditor counterclaimed for nondischargeability under 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court found that the debt was dischargeable. The United States Bankruptcy Appellate Panel (BAP) for the Eighth Circuit affirmed as to the husband and reversed as to the wife. The creditor appealed.
Ruling: 
Bankruptcy appellate panel erred in reversing finding of nondischargeability by making factual findings on imputed fraud issue not decided by bankruptcy court.
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Consumer case opionion summary, case decided on March 09,2011, LexisNexis #0311-121

Carpenter v. Ries (In re Carpenter)

In appellee debtor's chapter 7 case, appellant bankruptcy trustee objected to exemption from the bankruptcy estate under 42 U.S.C.S. § 407 of a lump sum Social Security benefits payment. The bankruptcy court sustained the trustee's objection. The Bankruptcy Appellate Panel for the Eighth Circuit (BAP) reversed, and the trustee appealed.
Ruling: 
Lump sum social security benefits payment properly excluded from estate by bankruptcy court.
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Consumer case opionion summary, case decided on July 30,2010, LexisNexis #1010-084

Zahn v. Fink (In re Zahn)

Appellant chapter 13 bankruptcy debtor challenged the Bankruptcy Appellate Panel for the Eighth Circuit's dismissal of her appeal, which challenged a bankruptcy court order confirming her second amended chapter 13 plan. The debtor asserted that the bankruptcy appellate panel (BAP) erred when it held that she lacked standing to prosecute her appeal because she was not aggrieved by the bankruptcy court's confirmation order.
Ruling: 
Confirmation of second amended chapter 13 plan over debtor's objection was a final appealable order.
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Consumer case opionion summary, case decided on May 22,2008, LexisNexis #0608-070

United Sates v. Holthaus

Defendant sought review of a sentence imposed by the District Court for the Northern District of Iowa after defendant pled guilty to knowingly and fraudulently making a false declaration or statement in connection with his bankruptcy petition, in violation of 18 U.S.C. § 152(3). The sentence included prison time and a mandatory restitution of $8,093, pursuant to the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A.
Ruling: 
Restitution and prison sentence upheld for debtor's fraudulent failure to schedule $8,000 in assets and $36,000 inheritance.
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Roberts v. Pierce (In re Pierce)

Appellant claimant challenged an order of the district court, which affirmed a bankruptcy court's order granting in part and disallowing in part a proof of claim against appellee debtor without holding an evidentiary hearing in a voluntary chapter 13 bankruptcy proceeding.
Ruling: 
Order regarding proof of claim was affirmed since the bankruptcy court did not abuse its discretion in setting the particularities of notice procedure, including not conducting an evidentiary hearing.
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Roberts v. Pierce (In re Pierce)

Appellant claimant challenged an order of the district court, which affirmed a bankruptcy court's order granting in part and disallowing in part a proof of claim against appellee debtor without holding an evidentiary hearing in a voluntary chapter 13 bankruptcy proceeding.
Ruling: 
Order regarding proof of claim was affirmed since negative notices are permissible under the Code.
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