Legal Opinion

Kaler v. Slominski (In re Keeley & Grabanski Land Partnership)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided May 14, 2015No. Nos. 14-6037, 14-6042PublishedCited by 2 opinions

1Opinion of the Court

FEDERMAN, Chief Judge.

In this adversary proceeding, the Bankruptcy Court avoided a lease of farmland between Debtor Keeley and Grabanski Land Partnership, and Louis Slominski, as a fraudulent transfer. Pertinent to this appeal, the Court also held that Slominski was obligated under § 550(a) to pay the Trustee the fair market rent for the time he occupied the land prior to the avoidance, rather than the lower rent called for by the lease. And, the Court awarded Slominski an offset, as a good faith transferee pursuant to U U.S.C. § 550(e), for the costs of his improvements to the land, namely,…

2Cases cited24 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Metropolitan St. Louis Sewer District v. Mallinckrodt, Inc., Intervenor-AppellantCourt of Appeals for the Eighth Circuit · 2006
  3. Decker v. Tramiel (In Re JTS Corp.)Court of Appeals for the Ninth Circuit · 2010
  4. Greyhound Lines, Inc. v. Robert Wade and Archway Cookies, Llc, Doing Business as Specialty FoodsCourt of Appeals for the Eighth Circuit · 2007
  5. Feltman v. Warmus (In Re American Way Service Corp.)United States Bankruptcy Court, S.D. Florida. · 1999

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3Cited by2 opinions

  1. Parameswari Veluchamy v. Bank of America, N.A.Court of Appeals for the Seventh Circuit · 2018
  2. Bank of America, N.A. ex rel. Estate of Pethinaidu v. VeluchamyDistrict Court, N.D. Illinois · 2015

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