Legal Opinion

Mid-City Bank v. Skyline Woods Homeowners Ass'n (In Re Skyline Woods Country Club, LLC)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided June 17, 2010No. 09-6073PublishedCited by 34 opinions

1Opinion of the Court

VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court’s order denying the Appellants’ motion to reopen the Debtor’s bankruptcy case. For the reasons stated below, we affirm the decision of the bankruptcy court. 1

I. STANDARD OF REVIEW

A bankruptcy court’s decision whether to reopen a bankruptcy case is reviewed for an abuse of discretion. 2 A court abuses its discretion “when its ruling is founded on an error of law or a misapplication of law to the facts.” 3 In its application, the abuse of discretion standard is nearly indistinguishable from the clearly erroneous standard. 4

II.…

2Cases cited14 opinions

  1. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  2. Lance v. DennisSupreme Court of the United States · 2006
  3. Gulf Offshore Co. v. Mobil Oil Corp.Supreme Court of the United States · 1981
  4. Nevada v. United StatesSupreme Court of the United States · 1983
  5. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997

9 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Mid-City Bank v. Skyline Woods Homeowners Ass'nCourt of Appeals for the Eighth Circuit · 2011
  2. Bryan v. Stanton (In Re Bryan)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
  3. In re HBLS, L.P.United States Bankruptcy Court, S.D. New York · 2012
  4. Cawley v. Celeste (In Re Athens/Alpha Gas Corp.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
  5. Sears v. Sears (In re AFY, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2017

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API