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March 11, 2020
Eighth Circuit Applies Cap on Lease Claims to a Fraudulent Transfer Judgment
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.’
8th Circuit
February 14, 2020
Eighth Circuit Has No Per Se Rule Disallowing Exemptions for IRAs in Divorce
Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.
8th Circuit
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.
8th Circuit
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.
8th Circuit
August 31, 2017
Eighth Circuit Broadly Interprets the FDCPA to Protect Consumers
The Eighth Circuit bars clever litigation tactics designed to evade the FDCPA on suits to collect time-barred claims.
8th Circuit
June 19, 2017
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
8th Circuit
July 12, 2016
Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA
Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.
8th Circuit
May 18, 2016
Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal
Can substantive consolidation eradicate a defendant’s affirmative defense?
8th Circuit
April 29, 2016
Eighth Circuit Ignores Supreme Court’s Loose Language in Harris
Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.
8th Circuit