Summarized by T. Malpass , Law Offices of T. Edward Malpass
13 years 10 months ago
Citation:
Not available.
Ruling:
The Ninth Circuit reversed the decision of the Bankruptcy Court and the Bankruptcy Appellate Panel, resolving issues arising from a Chapter 7 Trustee’s action to recover property. On the first...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 11 months ago
Citation:
No. 10-6075 (B.A.P. 8th Cir. June 2, 2011)
Ruling:
Under Iowa law, the debtor was not entitled to the homestead exemption in property acquired months after the creditor obtained its judgment against the debtor. This is true even though the debtor...
A debtor’s status as an attorney, without more, could not give rise to a presumption that the debtor had knowledge of homestead exemption laws or other bankruptcy rules and requirements. Because...
Judge(s):
King, Wiener and Haynes; Per Curiam opinion (Pursuant to 5th Cir. R. 47.5, the court has determined that the opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4).
Affirmed order of bankruptcy court sustaining objection of trustee to claim of exemption of annuity under Missouri state law. BAB concluded that prior ruling of bankruptcy court that annuity was...
Judge(s):
Kressel, Chief Judge, Schermer (writing). and Saladino522
No. 11-8048 (B.A.P. 6th Cir. 2012), decided March 20, 2012 (limited precedential effect per 6th Cir. BAP LBR 8013-1(b))
Ruling:
Before the bankruptcy court may assert judicial estoppel to prevent a Chapt. 7 debtor from amending schedules and exemptions to increase asset valuations, the debtor must be given the opportunity...
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 2 months ago
Citation:
2011 FED App. 0016P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Eastern District of Kentucky which a) granted the chapter 13 debtor standing to pursue an avoidance action...
Judge(s):
Boswell, Harris and McIvor on panel, authored by Harris, J.
The Bankruptcy Appellate Panel reversed the bankruptcy court's ruling. In its reversal, the BAP ruled that the creditor's judicial liens are avoidable, reversed the bankruptcy court's denial of...
Judge(s):
Chief Judge - KRESSEL
Bankruptcy Judges - SCHERMER and SALADINO
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 4 months ago
Citation:
Case No. 11-6018 (B.A.P. 8th Cir., Oct. 12, 2011)
Ruling:
The Bankruptcy Appellate Panel for the 8th Circuit reversed and remanded the bankruptcy court's ruling in favor of the Debtor's parents on a fraudulent transfer action, in which the bankruptcy...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 5 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
Dickson v. Countrywide Home Loans (In re Dickson), Case No. 10-5580 (6th Cir. August 26, 2011)
Ruling:
Sixth Circuit affirmed Bankruptcy Appellate Panel and Bankruptcy Court's ruling that Chapter 13 debtor had proper standing and could avoid as a preferential transfer a lien on debtor's mobile home...
Judge(s):
Norris, Gibbons and Griffin (Sixth Circuit); Jospeh M. Scott, Bankruptcy Judge.
