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Displaying Journal Articles with Topic 8th Circuit
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.
April 21, 2018
Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
January 31, 2018
Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged
Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.
January 5, 2018
Third-Party Releases Are Permissible in Theory, Minneapolis Judge Says
Judge issues a tongue-lashing for a three-year reorganization that rewards lawyers but pays nothing so far to sexual abuse claimants.