8th Cir. Holds State Court Judgment Did Not Preclude Bankruptcy Court from Enforcing Its Own Orders

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court judgment holding a bank and its principal in contempt and sanctioning them for violating a bankruptcy discharge injunction, based on the findings in a parallel state court proceeding.

In so ruling, the Eighth Circuit held that the state court judgment did not preclude the bankruptcy court’s ability to enforce its own orders.

Filed under:
USA, South Dakota, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, United States bankruptcy court, Bankruptcy Appellate Panel
Location:
USA
Firm:
Maurice Wutscher LLP
Stabler v. Beyers (In re Stabler)

No. 09-6024 (8th Cir. BAP 11/30/09)

Filed under:
USA, South Dakota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Debt, Refinancing, Secured creditor, Corporate bond, Bankruptcy discharge, Secured loan, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
Authors:
L. Kathleen Harrell-Latham
Location:
USA
Firm:
Larkin Hoffman Daly & Lindgren Ltd
Shotkoski v. Fokkena (In re Shotoski)

 No. 09-6063 (8th Cir. BAP 11/24/09)

Filed under:
USA, South Dakota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
Authors:
L. Kathleen Harrell-Latham
Location:
USA
Firm:
Larkin Hoffman Daly & Lindgren Ltd