October 25, 2024
Receipt of a Chapter 7 Discharge Doesn’t Preclude Conversion to Chapter 13
Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
8th Circuit, Missouri, Missouri Eastern DistrictApril 16, 2024
Judges Plead with Congress to Fix the Mess Created by Lamie
Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.
8th Circuit, Missouri, Missouri Eastern DistrictJanuary 26, 2023
Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13
Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.
8th Circuit, Missouri, Missouri Western DistrictNovember 22, 2022
Chapter 7 Estate Takes Post-Petition Appreciation on Conversion from Chapter 13
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 DistrictDecember 11, 2020
Courts Are Now Split on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
8th Circuit, Missouri, Missouri Western 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 DistrictNovember 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 DistrictSeptember 06, 2017
Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding
The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.
8th Circuit, Missouri, Missouri Western DistrictApril 10, 2017
An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code
Bankruptcy law definition of a ‘lien’ is broader than state law.
8th Circuit, Missouri, Missouri Western DistrictFebruary 15, 2017
Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim
Clever strategy failed to limit a debtor’s personal liability.
8th Circuit, Missouri, Missouri Western District