Hawk v. Engelhart (In the Matter of Hawk)

• Summarized by Michael Cooley , Reed Smith LLP
• 7 years 4 months ago

Citation:

16-20641 (5th Circuit, Sep 05,2017) Published

Case Status:

Reversed and Remanded

Ruling:

Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...

Judge(s):

Stewart, Wiener, and Prado

Tag(s):

• 5th Circuit
• Discharge/Dischargeability
• FRBP 4003
• § 522
• § 704
• § 1306

Brown v. Ellmann (In re Brown)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 9 months ago

Citation:

16-1967 (6th Circuit, Mar 20,2017) Published

Case Status:

Affirmed

Ruling:

Section 522 will not support an exemption on the basis of state-law redemption rights in a piece of property if the proceeds from the sale of that property are insufficient to satisfy the prior...

Judge(s):

Merritt, Kethledge, White (Merritt)

Tag(s):

• 6th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• § 363
• § 522

Wharton v. Schwartzer (In re Wharton)

• Summarized by Lars Fuller , BakerHostetler
• 7 years 10 months ago

Citation:

BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published

Case Status:

Affirmed

Ruling:

The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...

Judge(s):

Jury, Fairs, Yun

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Uniform Commercial Code/Article 9
• § 522

McDermott v. Crabtree (In re Crabtree)

• Summarized by Michael Cooley , Reed Smith LLP
• 7 years 11 months ago

Citation:

16-6028 (8th Circuit, Jan 24,2017) Published

Case Status:

Reversed and Remanded

Ruling:

The 8th Circuit concluded that the bankruptcy court misapplied § 522(o) by reducing the debtors' homestead exemption by the value of the nonexempt assets converted into the homestead, rather than...

Judge(s):

Federman, Saladino, and Nail.

Tag(s):

• 8th Circuit
• Discharge/Dischargeability
• § 522

Gately v. Moore (In re Gately)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 1 month ago

Citation:

Bap No. CC-16-1086-TaFMc (BAP 9th Cir. Nov. 15, 2016) (Unpublished)

Ruling:

The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees...

Judge(s):

Taylor, Faris, McKittrick

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Family/Divorce Issues
• Bankruptcy Litigation
• Practice and Procedure
• § 101
• § 522
• § 523

Salven c. Galli (In re Pass)

• Summarized by Jeffrey Coe , Mesch Clark Rothschild
• 8 years 5 months ago

Citation:

Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)

Ruling:

The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the...

Judge(s):

Dunn, Taylor, Jury

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Asset Sales
• Family/Divorce Issues
• § 522
• § 363

Wicklund v. Robert D. Johnson Trust (In re Wicklund)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 10 months ago

Citation:

BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)

Ruling:

The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order...

Judge(s):

Kirscher, Faris, and Jury

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Practice and Procedure
• Real Estate
• Rule 9023
• § 522

Caldwell v. Nelson (In re Caldwell)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 8 years 10 months ago

Citation:

9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted...

Judge(s):

Bankruptcy Judges JURY, KIRSCHER, and DUNN

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Bankruptcy Litigation
• § 522

Clabaugh v. Grant (In re Grant)

• Summarized by Michael Cooley , Reed Smith LLP
• 8 years 11 months ago

Citation:

No. WO-15-035 (10th Cir. B.A.P. Feb. 4, 2016).

Ruling:

Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.

Judge(s):

Karlin, Cornish, and Michael.

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• Fraud
• § 522
• § 523
• § 727

CRP Holdings, A-1, LLC v. O'Sullivan (In re O'Sullivan)

• Summarized by Michael Cooley , Reed Smith LLP
• 8 years 11 months ago

Citation:

No. 15-6020 (8th Cir. B.A.P. Jan. 19, 2016).

Ruling:

BAP affirmed bankruptcy court's finding that 522(f)(1) permits a debtor to avoid any judicial lien, including inchoate and unenforceable lien, that "fixes" upon exempt property.

Judge(s):

Kressel, Schermer, and Nail.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• § 522

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