January 28, 2025
A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
8th Circuit , Minnesota ,
October 25, 2024
Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
September 20, 2024
Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.
September 17, 2024
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.
September 6, 2024
Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.
July 2, 2024
Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.
April 16, 2024
Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.
April 2, 2024
State laws differ on whether defensive appellate rights are estate property that may be sold.
March 12, 2024
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
August 25, 2023
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.