Lapke v. Mutual of Omaha Bank (In Re Lapke)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
SCHERMER, Bankruptcy Judge.
Debtor Steven Gerard Lapke (the “Debtor”) appeals from the bankruptcy court’s 1 order dismissing his case under 11 U.S.C. § 707(b)(1) and (3). We have jurisdiction over this appeal from the final orders of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons stated herein, we affirm.
ISSUE
The main issue on appeal is whether debt owed by the Debtor in connection with loans on his home constitutes consumer debt, even though the Debtor did not sign some of the underlying loan documentation. Since we find that the debt qualifies as the Debtor’s consumer debt, we…
2Cases cited12 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Johnson v. Home State BankSupreme Court of the United States · 1991
- First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
- In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
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- Aspen Skiing Co. v. Cherrett (In Re Cherrett)Court of Appeals for the Ninth Circuit · 2017
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