152334P.pdf   08/10/2016  Kip M. Kaler  v.  Louie Slominski
   U.S. Court of Appeals Case No:  15-2334
   Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit   
   [PUBLISHED] [Smith, Author, with Colloton, Circuit Judge, and Gritzner, 
   District Judge] 
   Civil case - Bankruptcy. The lessee did not raise his double-recovery 
   argument before the bankruptcy court, and while the Bankruptcy Appellate 
   Panel considered the claim, this court independently reviews the 
   bankruptcy court's decision and is not bound by the BAP's decision; 
   exceptional circumstances, such as would justify this court considering 
   the issue, do not exist, and the issue will not be considered; the 
   bankruptcy court did not err in denying the trustee's motion for new trial 
   based on newly-discovered evidence as the court did not clearly err in 
   concluding that the evidence did not undermine its conclusion that the 
   lessee was a good-faith purchaser entitled to an set-off under Section 
   550(e).