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8th Circuit

No Substitutes for a Stay Pending Appeal to Avoid Mootness of a Sale Order

The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.

8th Circuit

District Court Doesn’t Say Whether ‘Person Aggrieved’ Survived Truck Insurance

District court upholds an ‘opt-out’ chapter 11 plan with releases for nondebtors.

8th Circuit

Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations

A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.

8th Circuit
Minnesota

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 District

The Time Has Come to Reconsider Whether Trustees Are Subject to In Pari Delicto

Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.

8th Circuit

A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says

The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.

8th Circuit
Iowa
Iowa Northern District

Eighth Circuit Holds that § 303(i) Damages Are Available for § 305(a) Dismissal

Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.

8th Circuit

Judicial Estoppel Barred the Debtor from Filing an Undisclosed ‘PI’ Claim, Circuit Says

Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.

8th Circuit

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 District

Offensive Appellate Rights May Be Sold, but Maybe Not Defensive Appellate Rights

State laws differ on whether defensive appellate rights are estate property that may be sold.

8th Circuit
Arkansas
Arkansas Western District
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