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 District

July 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 District

February 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 Circuit

November 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, Nebraska

November 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 District

October 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 Circuit

June 28, 2018

A Destitute Debtor Succeeds in Discharging Student Loans

Holding two advanced degrees didn’t bar the discharge of student loans.

8th Circuit, Iowa

April 30, 2018

Non-Bankrupt Nonprofit Entities Are Not Subject to Substantive Consolidation

Eighth Circuit insulates parishes and church schools from substantive consolidation.

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

April 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