Behrens v. United States, No. 13-6052 (8th Cir. 2014)
Annotate this CaseDebtor appealed the bankruptcy court's order dismissing his adversary complaint for failure to state a claim. The bankruptcy appellate panel concluded that the bankruptcy court correctly dismissed debtor's adversary complaint where he did not challenge the validity, priority, or extent of the government's lien on any grounds other than his contention that the government's criminal action violated the district court's stay of actions and proceedings against him; debtor did not specifically identify or quantity under 11 U.S.C. 362(k) any damages arising from the government's alleged violation of the automatic stay for the bankruptcy court to consider; and a bankruptcy proceeding may not be used as a forum to mount a collateral attack on a final criminal judgment. Accordingly, the panel affirmed the judgment.
Court Description: Bankruptcy Appellate Panel - dismissal. Bankruptcy court's dismissal of adversary complaint for failure to state a claim is affirmed, as Behrens may not use a banrkruptcy proceeding as a forum to mount a collateral attack on a final criminal judgment. [ February 11, 2014
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