Legal Opinion

Brandon Pierce v. Collection Associates, Inc.

Court of Appeals for the Eighth Circuit

Decided March 9, 2015No. 14-1365PublishedCited by 11 opinions

1Opinion of the Court

SHEPHERD, Circuit Judge.

After filing for bankruptcy, Brandon and Nicole Pierce (the “Pierces”) sought to avoid and recover funds Collection Associates, Inc. (“Collection Associates”) had garnished from Brandon’s wages during the pre-petition preference period. The bankruptcy court1 found the Pierces’ preference action barred by the defense for consumer debtor payments under $600. The Bankruptcy Appellate Panel (“BAP”) affirmed. We agree that the defense applies because the Pierces sought to avoid the transfer of less than $600, and therefore affirm.

I

The relevant facts of this case are few and…

2Cases cited7 opinions

  1. City of Clarkson Valley v. MinetaCourt of Appeals for the Eighth Circuit · 2007
  2. Pucket v. Hot Springs School District No. 23-2Court of Appeals for the Eighth Circuit · 2008
  3. Wade v. Midwest Acceptance Corp. (In Re Wade)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
  4. In the Matter of Sherry Hailes, Debtor. Electric City Merchandise Company v. Sherry HailesCourt of Appeals for the Fifth Circuit · 1996
  5. Dickson v. Countrywide Home LoansCourt of Appeals for the Sixth Circuit · 2011

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

3Cited by11 opinions

  1. Lariat Companies v. Wigley (In re Wigley)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  2. Bianca Rucker Tr. v. Belew (In re Belew)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2018
  3. Peet v. Checkett (In re Peet)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  4. Lariat Cos. v. Wigley (In re Wigley)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2018
  5. Bianca Rucker v. Johnny M. BelewUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2018

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

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