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Rochelle's Daily Wire | ABI Exclusive
August 13, 2019
Eighth Circuit Upholds Backstopped Rights Offerings for Chapter 11 Plans
Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.
July 22, 2019
In the More Lenient Eighth Circuit, Debtors Knock Off $130,000 in Student Loans
Judge Collins discharges all but $23,900 among nine student loans totaling $154,000.
Iowa Northern District
July 17, 2019
Equitable Factors Result in Disallowance of Default Interest on a Fully Secured Claim
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.
Missouri Western District
February 5, 2019
A Judgment Lien on Entireties Property Is Avoidable in Missouri, Eighth Circuit Says
A judicial lien impairing an exemption is avoidable in some states under Section 522(f), but not in others.
November 15, 2018
Chapter 11 Super Priority Claims Retain Exalted Status After Conversion to Chapter 7
Super priority claims are not created under Section 503(b) and therefore don’t take a back seat to chapter 7 administrative claims.
November 13, 2018
Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines
The government doesn’t violate the automatic stay by refusing to reinstate a driver’s license suspended for failure to pay traffic fines, Judge Surratt-States says.
Missouri Eastern District
October 19, 2018
BAP Holds that an IRA from a Marital Property Settlement Is Not Exempt
BAP expands Clark v. Rameker to cover IRAs transferred in a divorce proceeding.
June 28, 2018
A Destitute Debtor Succeeds in Discharging Student Loans
Holding two advanced degrees didn’t bar the discharge of student loans.
April 30, 2018
Non-Bankrupt Nonprofit Entities Are Not Subject to Substantive Consolidation
Eighth Circuit insulates parishes and church schools from substantive consolidation.
April 27, 2018
Bankruptcy Court Has Constitutional Power to Sanction, Eighth Circuit Rules
Bankruptcy courts have constitutional power to sanction for actions occurring during administration of a bankruptcy case.