Bankruptcy Appellate Panel

Cates, In re--Walters v. Cates

Ruling: 
Section 547(e)(3) did not change the deemed transfer date even though the deed of trust waslater recorded at a time when a family trust held record title to the property, because the debtorhad rights in the property on the date she granted the deed of trust. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on March 04,2013, LexisNexis #1018-020

Kemp, In re--Kemp v. United States Dep't of Educ.

Ruling: 
Debtor was not eligible to have her student loan discharged where court determined thatdebtor's financial difficulties were the result of choices she has made and are not long term.(B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-015

Thiel, In re--Velde v. Thiel

Ruling: 
Court did not commit clear error in revoking debtor's discharge for failing to surrenderfederal and state income tax returns to the trustee. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-022

Wilkins, In re--Wilkins v. Menchaca

Ruling: 
Debtor's request for extension of the deadline to appeal was dismissed as the request wasmade 42 days after entry of the last orders she is seeking to appeal. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 28,2018, LexisNexis #0818-028

McDougall, In re--McDougall v. AgCountry Farm Credit Servs.

Ruling: 
Appellate panel did not have jurisdiction over state law fraud claim which was not created ordetermined by the bankruptcy code. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on July 09,2018, LexisNexis #0818-088

Chenault, In re--Chenault v. Great Lakes Higher Educ. Corp.

Ruling: 
Debtor's status as parolee was self-imposed and did not warrant a finding of undue hardship. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-050

Wilkins, In re--Wilkins v. Menchaca

Ruling: 
Debtor's request for extension of the deadline to appeal was dismissed as the request wasmade 42 days after entry of the last orders she is seeking to appeal. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 28,2018, LexisNexis #0818-028

Mastro, In re--Rigby v. Mastro

Ruling: 
Court held that bankruptcy court had authority to compel a debtor to sign a consent directive in furtherance of debtor's obligation to provide recorded information to trustee. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 05,2018, LexisNexis #0718-035

Cook Inlet Energy LLC, In re--Boruff v. Cook Inlet Energy LLC

Ruling: 
Court concluded correct legal standard was applied and the burden of proof was properlyallocated where terms of a rejected prepetition employment contract were not presumptiveon the value of postpetition services therefore creating a burden shift. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on April 24,2018, LexisNexis #0718-009

HNRC Dissolution Co., In re--Giese v. Lexington Coal Co.

Ruling: 
Bankruptcy court was not required to abstain from adjudicating appellant's causes of actionwhere panel held that appellant's claims were inextricably intertwined with the bankruptcycase and would not exist but for the bankruptcy. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on June 01,2018, LexisNexis #0718-028

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