March 12, 2024
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
8th Circuit
August 25, 2023
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
8th Circuit
August 09, 2023
The Treasury rate and prime rate are both proper starting points for pegging post-petition interest rates, but starting with Treasurys requires a larger risk premium.
8th Circuit
June 06, 2023
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
8th Circuit
June 01, 2023
Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.
8th Circuit
April 22, 2023
In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.
8th Circuit, Iowa, Iowa Northern District
December 14, 2022
The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.
8th Circuit
November 22, 2022
Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.
8th Circuit, Missouri, Missouri Western District
September 21, 2022
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
8th Circuit, Minnesota
