Legal Opinion
James T. Kirwan v. Harry Vanderwerf
Court of Appeals for the Eighth Circuit
Decided January 19, 1999No. 98-1630, 98-1633PublishedCited by 1 opinion
1Opinion of the Court
MURPHY, Circuit Judge.
James, Shirley, and William Kirwan filed Chapter 12 bankruptcy petitions under 11 U.S.C. § 1201 et seq., and Harry, Betty, and David Vanderwerf filed claims in both bankruptcy eases, as well as motions to lift the automatic stay to permit them to proceed with litigation on a fraud claim against the Kirwans. The bankruptcy court 1 granted the Vanderwerfs relief from the automatic stay some time after it had denied their amended proofs of claim for failure to respond to the debtors’ objections, and the district court 2 affirmed. In this consolidated appeal the Kirwans…
2Cases cited7 opinions
- In Re James MATHIASON, Gladys Mathiason, Debtors. Mark C. HALVERSON, Trustee, Appellant, v. ESTATE OF Earl R. CAMERON, AppelleeCourt of Appeals for the Eighth Circuit · 1994
- In Re Design Classics, Inc., Debtor. Design Classics, Inc. v. William P. Westphal, United States TrusteeCourt of Appeals for the Eighth Circuit · 1986
- Kieffer v. Riske (In Re Kieffer-Mickes, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- Sentry Financial Service Corp. v. Pitrat (In Re Resources Reclamation Corp. of America)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- In Re MagouirkCourt of Appeals for the Ninth Circuit · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bankr. L. Rep. P 77,880 in Re: James T. Kirwan, Also Known as Jim Kirwan Shirley M. Kirwan, Debtors. James T. Kirwan, Also Known as Jim Kirwan Shirley M. Kirwan, Debtors-Appellants v. Harry Vanderwerf Betty Vanderwerf David Vanderwerf, Creditors-Appellees. In Re: William P. Kirwan, Debtor. William P. Kirwan, Debtor-Appellant v. Harry Vanderwerf Betty Vanderwerf David Vanderwerf, Creditors-AppelleesCourt of Appeals for the Eighth Circuit · 1999