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ABI Journal

8th Circuit

Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts

District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.

8th Circuit
Iowa
Iowa Northern District

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 District

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

BAP Gives Trustee a Heavy Burden to Prove Fraudulent Exemption Planning

Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.

8th Circuit

Even Without a Mediation Privilege, Mediation Statement Is Protected from Discovery

Work product and opinion privileges protect mediation statement from discovery.

8th Circuit
Missouri
Missouri Western District

Substantive Consolidation with Non-Bankrupt Religious Institutions Barred by Section 303(a)

Substantive consolidation and involuntary bankruptcy are equivalent, district judge holds.

8th Circuit
Minnesota

Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?

Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.

8th Circuit

Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day

Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth.

8th Circuit

Section 303(a) Precludes Substantive Consolidation Among Religious Institutions

Pleading hierarchical control is insufficient for substantive consolidation.

8th Circuit
Minnesota

Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA

Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.

8th Circuit
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