DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171904P.pdf 01/30/2019 First State Bank of Roscoe v. Brad Allen Stabler
U.S. Court of Appeals Case No: 17-1904
U.S. District Court for the District of South Dakota - Aberdeen
[PUBLISHED] [Melloy, Author, with Shepherd and Grasz, Circuit Judges]
Civil case - Bankruptcy. The court takes a pragmatic approach to
preclusion, and the bankruptcy court did not err in determining its
earlier order on abstention was not entitled to preclusive effect and did
not bar this contempt action; to the extent the bankruptcy court's
abstention order was inconsistent with an order regarding a motion to
dismiss, the abstention order will be given effect; while post-discharge
forbearance may, in some limited circumstances serve as consideration for
a new commitment to repay the present value of a lien, none of the bank's
cases suggest a lienholder can leverage a security interest to obtain a
larger repayment commitment, much less a larger commitment representing a
discharged personal debt, and the court did not err in finding the bank
and its president, under these circumstances, in contempt for violating a
final bankruptcy discharge injunction.