Legal Opinion

Behrens v. United States (In re Behrens)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided February 12, 2014No. BAP No. 13-6052Published

1Opinion of the Court

NAIL, Bankruptcy Judge.

Debtor Bryan S. Behrens appeals the September 10, 2013 order of the bankruptcy court1 dismissing his adversary complaint for failure to state a claim upon which relief could be granted. We affirm.

BACKGROUND

In July 2008, as part of a consent judgment entered against Behrens in a civil action brought by the Securities and Exchange Commission, the United States District Court for the District of Nebraska appointed a receiver for Behrens and a related entity. In March 2009, on the receiver’s motion, the district court stayed — with three enumerated exceptions — “[a]ll…

2Cases cited3 opinions

  1. Brown v. Mortgage Electronic Registration Systems, Inc.Court of Appeals for the Eighth Circuit · 2013
  2. Terry v. SparrowUnited States Bankruptcy Court, M.D. North Carolina · 2005
  3. In Re MitranoDistrict Court, E.D. Virginia · 2012

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