Legal Opinion

Missouri v. Spencer (In re Spencer)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided June 13, 2016No. 15-6030PublishedCited by 4 opinions

1Opinion of the Court

KRESSEL, Bankruptcy Judge.

The State of Missouri, Department of Social Services, Family Support Division appeals from the bankruptcy court’s July 28, 2015 contempt order and August 11, 2015 sanction order. The bankruptcy court found the division in contempt and imposed sanctions against the division for willful violation of the discharge injunction in attempting to collect on a support debt after the debtors obtained a discharge. The bankruptcy court imposed sanctions against the division for such contempt. We have jurisdiction over this appeal under 28 U.S.C.§ 158(b). We reverse.

BACKGROUND

Mich…

2Cases cited10 opinions

  1. Ankenbrandt Ex Rel. L. R. v. RichardsSupreme Court of the United States · 1992
  2. United States v. James W. WhiteCourt of Appeals for the Eleventh Circuit · 2006
  3. Florida Dept. of Revenue v. DiazCourt of Appeals for the Eleventh Circuit · 2011
  4. Everly v. 4745 Second Avenue, Ltd. (In Re Everly)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
  5. William Randall Wright, Trustee v. Denitia Nichols, Gary Joe Dean Lucille M. Dean, DebtorsCourt of Appeals for the Eighth Circuit · 1996

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3Cited by4 opinions

  1. Huonder v. Champion Milking Systems, LLC (In re Huonder)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2016
  2. Missouri Department of Social Services v. SpencerCourt of Appeals for the Eighth Circuit · 2017
  3. First State Bank of Roscoe v. StablerDistrict Court, D. South Dakota · 2017
  4. John Huonder v. Champion Milking SystemsUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2016

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