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Thaw v. Moser

Citation: 
14-40108
Ruling: 
Trustee can force sale of the entire homestead over objection of non-debtor spouse. The sale is not an unconstitutional taking because the property was acquired after BAPCPA went into effect and the property could be used to pay debts of ...
Judge(s): 
King, Graves, and Higginson
Read on...

Williams v. Fed Deposit Ins Corp. (In the Matter of Positive Health Mgmt)

Citation: 
Fifth Circuit; No. 12-20687
Ruling: 
In a fraudulent conveyance case, "value" under 11 USC 548(c) is measured by the value that the transferee gave up as its side of the bargain-not the transferor's gain-in determining the "good faith" defense asserted by the defendant. A good ...
Judge(s): 
Stewart, Weiner and Costa
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Miller v. United States Trustee (In re Miller)

Citation: 
Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling: 
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just income both earned and received during ...
Judge(s): 
Nugent, Karlin, Somers
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Chan v. DRM Enterprises, LLC (In re Chan)

Citation: 
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling: 
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was non-dischargeable under section 523(a)(2)(A) of the Bankruptcy Code because the debtor ...
Judge(s): 
Taylor, Dunn, and Spraker, Bankruptcy Judges
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Glasser v. Blixseth (In re Yellowstone Mountain Club, LLC)

Citation: 
No. 14-35159 (October 9, 2014) (not for publication)
Ruling: 
The Ninth Circuit affirmed imposition of civil contempt sanctions for selling property in violation of a court injunction, and dismissed as moot the appeal of the bankruptcy court’s denial of a motion to vacate the injunction.
Judge(s): 
KOZINSKI, Chief Judge, and PAEZ and BERZON, Circuit Judges.
Read on...
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