Eighth Circuit Bankruptcy Monitor

EIGHTH CIRCUIT BANKRUPTCY MONITOR

Eighth Circuit Bankruptcy Monitor

InRichards v. Rabo Agrifinance, LLC (In re Kip and Andrea Richards Family Farm & Ranch, LLC), the Eighth Circuit BAP (Judges Schermer, Shodeen and Sandberg) affirmed the bankruptcy court’s determination that members of a debtor LLC were equitably estopped from claiming ownership of LLC property.

Objection to IRS Proof of Claim, Filed Before Amendment to Rule 3007 Went Into Effect, Was Properly Mailed Only to IRS

Originally published Dec. 9, 2020, on Law360.

With the COVID-19 pandemic depriving bankruptcy practitioners of our usual opportunities to meet in court and at conferences to discuss recent developments in the law, I spent time tracking developments in bankruptcy law within the U.S. Court of Appeals for the Eighth Circuit.

EIGHTH CIRCUIT BANKRUPTCY MONITOR

EIGHTH CIRCUIT BANKRUPTCY MONITOR

EIGHTH CIRCUIT BANKRUPTCY MONITOR

EIGHTH CIRCUIT BANKRUPTCY MONITOR

On February 27, 2018, a unanimous Supreme Court held in Merit Management Group, LP v. FTI Consulting, Inc. (link here) that an otherwise-avoidable transfer is not subject to the safe harbor in Section 546(e) (which provides, in relevant part, a trustee may not avoid a transfer that is a “settlement payment . . . made by or to (or for the benefit of) a . . . financial institution” or that “is a transfer made by or to (or for the benefit of) a . . .