Zaitz Trust, LLC v. Bremer Bank, NA, No. 18-6031 (8th Cir. 2019)
Annotate this CaseThe Bankruptcy Appellate Panel reversed the bankruptcy court's grant of the Banks' motion for summary judgment challenging the validity of the other parties' liens and asserting the priority of its own lien in debtor's 2017 crops. In this case, it was difficult to determine from the record precisely what the bankruptcy court considered in reaching its conclusion that no genuine issues of material fact existed which would preclude it from granting the Bank's motion for summary judgment, or the analysis the bankruptcy court undertook. Accordingly, the panel remanded for further findings pursuant to Federal Rule of Civil Procedure 56(a)'s directive to specify the reasons for its ruling, or in the alternative, to reconsider the issue on the existence of the Solberg Farms partnership.
Court Description: Dow, Author, with Schermer and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. The Panel cannot determine from the record precisely what evidence the Bankruptcy Court relied on in reaching its conclusion that no genuine issue of material fact existed which would preclude it from granting the Bank's motion for summary judgment or the analysis the Court undertook; Reversed and remanded for further findings in accordance with Rule 56(a)'s directive to specify the reasons for its ruling, or in the alternative, to reconsider the existence of the Solberg Farms partnership. [ August 13, 2019
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