Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
11 years 9 months ago
Citation:
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling:
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must...
Judge(s):
Richard Fred Suhrheinrich
Eugene Edward Siler, Jr.
Raymond Kethledge
In the published opinion, the 9th Circuit BAP affirmed the bankruptcy court decision, the bonus was not property of the re-converted Chapter 7 estate. The BAP determined that 11 U.S.C. Sec. 1115...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 3 weeks ago
Citation:
In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)
Ruling:
In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
12 years 3 months ago
Citation:
Carroll v. Logan, ___ F.3d ___, Case No. 13-1024 (4th Cir. October 28, 2013).
Ruling:
The Fourth Circuit adopted the majority view that section 1306 modifies the section 541 time period in Chapter 13 cases. Accordingly, a Chapter 13 bankruptcy estate consists of (i) property...
The Fifth Circuit reversed the district court and reinstated the bankruptcy court decision and held that there is a continuing duty for a debtor to disclose a potential cause of action in...
Summarized by David Baker , Law Office of David G. Baker
12 years 8 months ago
Citation:
BAP No. MW12-091
Ruling:
BAP REVERSED and remanded, holding that post-petition divorce court orders for alimony did not violate the automatic stay in a chapter 13 case, but when the debtor was found in contempt and...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
13 years 4 months ago
Citation:
In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)
Ruling:
The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for...
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...
