Bankruptcy Appellate Panel

Wojciechowski, In re--Wojciechowski v. Wojciechowski

Ruling: 
Bankruptcy court's order confirming debtors' second amended plan affirmed as bankruptcycourt did not abuse its discretion in denying creditor's request for an evidentiary hearing ondebtors' second amended plan. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on June 15,2017, LexisNexis #0717-087

Roberts Broad. Co., In re--Roberts Broad. Co. v. DeWoskin

Ruling: 
Bankruptcy court's order was affirmed as a review of the malpractice claim and evidence showed that abstention was the correct order. (B.A.P. 8th Cir.)
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Commercial case opionion summary, case decided on May 08,2017, LexisNexis #0617-055

Kashikar, In re--Kashikar v. Turnstile Capital Mgmt., LLC

Ruling: 
Debtor's loan was not excepted from discharge as student loan was not an educational benefit. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 28,2017, LexisNexis #0517-132

St. George, In re--McDermott v. St. George

Ruling: 
Order granting additional time for trustee to file a complaint was reversed for trustee's lack of total diligence and failure to prove that debtor failed to cooperate. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 17,2017, LexisNexis #0517-104

Wright, In re

Ruling: 
Bankruptcy court erred by holding that the trustee did not abandon the personal injury claim where no court order preserved the claim as an asset remaining with the trustee prior to the closing of the case. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 17,2017, LexisNexis #0517-101

Sears, In re--Martinez v. Sears

Ruling: 
Bankruptcy court did not clearly err in its findings with respect to the denial of the debtor's discharge as the debtor took over $2.2 million in cash draws from his businesses for personal use. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on March 24,2017, LexisNexis #0417-111

Cousins Int'l Food, Corp. v. Vidal

Ruling: 
Purchaser of debtor's assets lacked standing to pursue an appeal because the purchaser was not the beneficiary of the automatic stay's protections. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on March 21,2017, LexisNexis #0417-094

Stubbs, In re--Stein v. Stubbs

Ruling: 
Order vacating a Rule 2004 examination was an abuse of discretion where debtor did not object to the trustee's Rule 2004 examination and trustee had good cause for conducting the examination. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on March 09,2017, LexisNexis #0417-058

Wharton, In re--Wharton v. Schwartzer

Ruling: 
Bankruptcy court did not err in granting trustee's turnover of debtor's vehicle as debtor'spossession and sole ownership made it a property of the estate regardless if it was exempt ornot. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on February 13,2017, LexisNexis #0317-070

Fern, In re--Fern v. FedLoan Servicing

Ruling: 
Evidence supported bankruptcy court's conclusion that debtor's student loans were dischargeable based upon undue hardship. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 07,2017, LexisNexis #0317-038

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