Stalnaker v. Allison, et al., No. 13-6030 (8th Cir. 2014)Annotate this Case
The Trustee and Centris appealed the bankruptcy court's judgment to the extent that it determined certain funds were not property on the bankruptcy estate. Cross-claim Defendants appealed the same judgment to the extent it awarded the Trustee certain fees and expenses and surcharged those fees and expenses against the funds the bankruptcy court determined were not property of the bankruptcy estate. The bankruptcy appellate panel reversed and remanded, concluding that consideration of the issues was premature. The court believed the better course of action was to afford the bankruptcy court an opportunity to consider the arguments and explain its reasoning for accepting or rejecting them.
Court Description: Bankruptcy Appellate Panel. Consideration of the issue presented by these cross-appeal would be premature as the orders appealed from did not address the parties' arguments; reversed and remanded for further proceedings. [ February 04, 2014