United States Eighth Circuit

In a bankruptcy action, district court's judgment in favor of plaintiff is reversed where: 1) plaintiff did not retain an interest in real property upon which to claim a homestead exemption when she conveyed by warranty deed the property in question; 2) four of the five causes of action plaintiff brought against defendant have sufficient roots in plaintiff's pre-bankruptcy activities to be considered to be part of the bankruptcy estate; 3) claim for intentional infliction of emotional distress was not so rooted in the pre-bankruptcy past to be part of the bankruptcy estate; and 4) release plaintiff signed in favor of the bank as part of a prior fraud settlement did not release the current claim.

Appellate Information

• Decided 03/17/2009
• Published 03/17/2009

Judges

• BYE, Circuit Judge., Before BYE, BEAM, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Roger Damgaard, argued, Sander J. Moorehead, on the brief, Sioux Falls, for appellant., Mark F. Marshall, argued, Robert E. Hayes, on the brief, Sioux Falls, SD, for amicus., John S. Lovald, Pierre, SD, pro se.


• For Appellees:
  
• Lee Schoenbeck, argued, Watertown, SD, for appellee.