July 22, 2019
In the More Lenient Eighth Circuit, Debtors Knock Off $130,000 in Student Loans
Judge Collins discharges all but $23,900 among nine student loans totaling $154,000.
8th Circuit, Iowa, Iowa Northern DistrictJuly 17, 2019
Equitable Factors Result in Disallowance of Default Interest on a Fully Secured Claim
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.
8th Circuit, Missouri, Missouri Western DistrictFebruary 05, 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.
8th CircuitNovember 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.
8th Circuit, NebraskaNovember 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.
8th Circuit, Missouri, Missouri Eastern DistrictOctober 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.
8th CircuitJune 28, 2018
A Destitute Debtor Succeeds in Discharging Student Loans
Holding two advanced degrees didn’t bar the discharge of student loans.
8th Circuit, IowaApril 30, 2018
Non-Bankrupt Nonprofit Entities Are Not Subject to Substantive Consolidation
Eighth Circuit insulates parishes and church schools from substantive consolidation.
8th CircuitApril 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 CircuitApril 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.
8th Circuit, Minnesota