The court held that (1) Debtor's motion to dismiss for improper service was properly denied, and (2) although on appeal, an unstayed judgment of a state court constitutes a claim against the debtor...
Summarized by Mark Melickian , Raines Feldman Littrell LLP
13 years 2 weeks ago
Citation:
Case no. 12-2639, 7th Circuit Court of Appeals (decided February 14, 2013)
Ruling:
On a direct appeal from the bankruptcy court, the 7th Circuit panel held that a new value plan in which new investment in the debtor is provided by a spouse that was not an equity investor in the...
Judge(s):
Frank Easterbrook, Chief Judge; Joel Flaum, Circuit Judge; Ilana Rovner, Circuit Judge. Opinion by Judge Easterbrook.
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
AFFIRMED, in consolidated appeals arising from a Chapter 15 proceeding, district court's judgment recognizing the Mexican reorganization proceeding and appointment of foreign representatives and...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 4 months ago
Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
Anderson v. Cranmer (In re Cranmer) Case No. 12-4002 (10th Cir. Oct. 24, 2012)
Ruling:
Social Security income need not be included in the calculation of projected disposable income for a Chapter 13 repayment plan. Not including Social Security income in the calculation of projected...
AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...
Summarized by David Baker , Law Office of David G. Baker
13 years 6 months ago
Citation:
BAP No. NH 11-084
Ruling:
Affirming the bankruptcy court, the BAP held that (1) student loan creditor was bound by bankruptcy court’s determination (after an evidentiary hearing on debtor’s objection to claim that the...
Judge(s):
BAP Judges Hillman, Feeney and Hoffman. Decision authored by Hoffman