Allison v. Centris Federal Credit Union, No. 16-3923 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's decision affirming the bankruptcy court's finding that funds investors transferred to TSF were part of TSF's Chapter 7 bankruptcy estate. The court held that Judge Hastings, the new bankruptcy judge, did not exceed the scope of the BAP's mandate by revisiting Judge Mahoney's, the retired bankruptcy judge, factual findings; Judge Hastings did not abuse her discretion by declining to apply the law-of-the-case doctrine; and Judge Hastings did not clearly err in finding that the investors failed to show, by clear and convincing evidence, that TSF held the funds in trust.
Court Description: Kelly, Author, with Benton and Shepherd, Circuit Judges] Civil case - Bankruptcy. When case was reassigned to a new bankruptcy judge following a remand from the Bankruptcy Appellate Panel, the newly-assigned judge did not exceed the BAP's mandate by revisiting the retired bankruptcy judge's factual findings; nor did the newly-assigned judge abuse her discretion by declining to apply the law-of-the-case doctrine; nor did the bankruptcy court err in concluding that the appellants had failed to establish by clear and convincing evidence that the funds in dispute were held in trust.
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