Latest 2 Cases This Week: Hansmeier v. McDermott (8th Cir.), Huonder v. Champion Milking Systems (8th Cir.)

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From: Bankruptcy - Justia Weekly Opinion Summaries
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Subject: Latest 2 Cases This Week: Hansmeier v. McDermott (8th Cir.), Huonder v. Champion Milking Systems (8th Cir.)
 

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Weekly Opinion SummariesBankruptcy
Weekly Summaries Distributed September 30, 2016
· Hansmeier v. McDermott
Bankruptcy
U.S. Court of Appeals for the Eighth Circuit · Huonder v. Champion Milking Systems
Bankruptcy
U.S. Court of Appeals for the Eighth Circuit Receive this and other FREE daily opinion summaries from Justia
Hansmeier v. McDermottCourt: U.S. Court of Appeals for the Eighth Circuit Docket: 15-6035 Opinion Date: September 29, 2016 Areas of Law: Bankruptcy Debtor appeals the bankruptcy court's order converting his chapter 13 case to chapter 7. The BAP concluded that the bankruptcy court did not err by refusing to hold an evidentiary hearing on the United States Trustee's motion. The BAP also concluded that even if debtor had not waived his challenges, the bankruptcy court's findings are not clearly erroneous. In this case, the bankruptcy court's findings are amply supported by the facts set forth in the United States Trustee's verified motion. The BAP agreed with the bankruptcy court's findings that there was sufficient cause to convert the chapter 13 case to chapter 7. The bankruptcy court found that, inter alia, debtor had exhibited a serious and studied disregard for the orderly process of justice and a relentless willingness to lie; he had intentionally given inconsistent testimony and failed to provide responsive information; he had filed his bankruptcy petition in an attempt to avoid having to disclose financial information; and he failed to disclose assets on bankruptcy schedules. Accordingly, the BAP affirmed the judgment. http://j.st/46us View Case On: Justia Google Scholar

Huonder v. Champion Milking SystemsCourt: U.S. Court of Appeals for the Eighth Circuit Docket: 16-6011 Opinion Date: September 29, 2016 Areas of Law: Bankruptcy Debtors argue that the bankruptcy court erred in not awarding them all the attorney fees they incurred in their adversary proceeding against Champion for its violation of the discharge injunction. Debtors also argue that the bankruptcy court erred in not awarding them punitive damages for Champion's violation of the discharge injunction. The BAP concluded that both arguments failed for the same reason. In this case, the record on appeal affords the panel no basis for evaluating their merits. Therefore, the BAP is unable to review the bankruptcy court's findings of fact or its conclusions of law, and cannot say, without the transcript, that the bankruptcy court abused its discretion in reaching the decision it did. Accordingly, the BAP affirmed the judgment. http://j.st/46uP View Case On: Justia Google Scholar
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