Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
Eighth Circuit BAP crafts a preference rule protecting lenders in out-of-court workouts.
As long as the rate is legal under state law, considerations of equity will not allow a court to disallow default interest to an oversecured creditor under Section 506(b).
Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.
Eighth Circuit was compelled to overrule its own precedent that permitted the bankruptcy court to bar a debtor from amending schedules based on bad faith.
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
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.
Judge Collins discharges all but $23,900 among nine student loans totaling $154,000.
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.