Bankruptcy Appellate Panel

Scott, In re--Scott v. Anderson

Ruling: 
Bankruptcy court did not err when it failed to impose sanctions against creditor's counsel as itappropriately found that there was no evidence that the stay relief motion was made for animproper purpose. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 16,2021, LexisNexis #0521-100

Buchanan, In re--Lund-Ross Constructors, Inc. v. Buchanan

Ruling: 
Bankruptcy court properly held that debt owed by entity solely owned by debtors was notpersonally enforceable against debtors. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 02,2021, LexisNexis #0521-064

Kearney v. Unsecured Creditors Comm.

Ruling: 
Court did not abuse its discretion when it denied Chapter 11 debtor's motion to convert toChapter 7 as debtors do not have an absolute right to convert. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on March 12,2021, LexisNexis #0421-094

Mellem v. Mellem

Ruling: 
Debtor's Chapter 7 discharge did not prevent the debtor's mother from reducing the debtor'slegacy from a family trust to account for a lifetime transfer to the debtor. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on February 22,2021, LexisNexis #0421-012

Haynie v. Krystal

Ruling: 
Bankruptcy court did not err in applying issue preclusion and holding that judgment debtwas nondischargeable following the general rule that judgment last in time should beafforded issue preclusive effect notwithstanding prior inconsistent judgment. (B.A.P. 9thCir.)
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Consumer case opionion summary, case decided on February 12,2021, LexisNexis #0321-082

Kittery Point Partners, LLC v. Bayview Partners, LLC

Ruling: 
A bankruptcy court properly rejected debtor's challenges to creditor's proof of claim regardinga note and mortgage as the challenges were barred by the preclusive effect of a state courtjudgment upholding the validity of the note and mortgage. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on January 14,2021, LexisNexis #0221-082

In re--Milk Industry Regulatory Office of the Commonwealth of P.R. v. Rosa Dairy Farm, Inc.

Ruling: 
Court granted an oversecured creditor's application for attorneys' fees with a reduction onreasonableness grounds. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on December 04,2020, LexisNexis #0121-058

DeVries, In re--Iowa Dep't of Revenue v. DeVries

Ruling: 
Bankruptcy court erred in holding that Chapter 12 plan to could compel a taxing authority todisgorge pre-petition withholdings. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on November 25,2020, LexisNexis #0121-043

Thomas, In re--Thomas v. Office of the Tenn. AG

Ruling: 
Bankruptcy court did not abuse its discretion in denying debtor's sanctions motion onprocedural grounds because the motion was not properly served, and the motion lacked therequired specificity. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 23,2020, LexisNexis #0121-050

Brooks, In re--Brooks v. First Central Bank McCook

Ruling: 
Creditor was entitled to relief from the automatic stay as the debtor failed to make a fullpayments on his agreed-upon payments. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on January 15,2020, LexisNexis #0121-027

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