December 07, 2020
‘Doing Everything Possible’ Can Result in Cutting a Fee Request, Judge Thad Collins Says
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
8th Circuit, Iowa, Iowa Northern DistrictJuly 28, 2020
The 2005 Amendments to Section 546(c) Limited the Remedies of Reclamation Creditors
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
8th Circuit, NebraskaJuly 10, 2020
Eighth Circuit Won’t Impose Unwritten Requirements on Service of a Claim Objection
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.
8th CircuitMay 12, 2020
Confirmation Barred Claims Against a Coal Producer for Causing Global Warming
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
8th CircuitMarch 27, 2020
Release of a Subordinate Lien Held to Be ‘New Value’ for a Preference Defense
Eighth Circuit BAP crafts a preference rule protecting lenders in out-of-court workouts.
8th CircuitMarch 26, 2020
In the Minority, 8th Circuit BAP Disregards Equitable Considerations in Allowing Default Interest
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).
8th CircuitMarch 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 CircuitFebruary 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 CircuitDecember 04, 2019
Law v. Segal Allowed a Fraudster to Retain $30,000
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.
8th CircuitSeptember 23, 2019
Circuit Finds No Successor Liability from Buying Assets and Continuing the Business
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
8th Circuit