Goben v. Corydon State Bank (In re Goben)

• Summarized by Lars Fuller , BakerHostetler
• 11 years 2 months ago

Citation:

Goben v. Corydon State Bank (In re Goben), No. 13-6039 (8th Cir. BAP 2013)

Ruling:

The 8th Circuit BAP affirmed the U.S. Bankruptcy Court for the Southern District of Iowa (Des Moines). The bankruptcy court sustained secured creditor's objection to Chapter 7 debtor's claim of...

Judge(s):

Kressel, Schermer, & Nail

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• § 522

Ramos v. Negron

• Summarized by Andrea O'Connor , Hendel & Collins, P.C.
• 11 years 2 months ago

Citation:

Ramos v. Negron, BAP No. PR 13-005 (B.A.P. 1st Cir. October 22, 2013)

Ruling:

Abandonment of property by the Trustee to the Debtor has no effect upon the Bankruptcy Court's authority to determine a Motion, pursuant to 11 U.S.C. 522(f), or the Bankruptcy Court's jurisdiction...

Judge(s):

Deasy, Kornreich, and Bailey

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Automatic Stay
• Venue/Jurisdiction
• § 522

Kathy Ann Green v. Hapo Community Credit Union (In re Green)

• Summarized by Eryk Escobar , Department of Justice
• 11 years 5 months ago

Citation:

BAP No.: EW-12-1486-PaJuTa; Bankr. No.: 04-07678 (Not for Publication)

Ruling:

In considering whether the Bankruptcy Court erred in denying the debtor’s motion to avoid a judicial lien under § 522(f) in a reopened bankruptcy case, the Bankruptcy Appellate Panel of the...

Judge(s):

Pappas, Jury, and Taylor, Bankruptcy Judges; Appeal from Hon. Patricia C. Williams

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Practice and Procedure
• Rule 4003
• Rule 1009
• § 522

Leitch v. Christians (In re Leitch)

• Summarized by Sarah Smegal , Hackett Feinberg PC
• 11 years 6 months ago

Citation:

Leitch v. Christians (In re Leitch), No. 13-6009 (8th Cir. B.A.P. Jul. 16, 2013)

Ruling:

The BAP on de novo review AFFIRMED the Bankruptcy Court's determinations that: (1) the Debtor's health savings account ("HSA") was not excluded from the Debtor's bankruptcy estate pursuant to...

Judge(s):

Federman, Saladino, Nail

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• § 541
• § 522

Hasse v. Rainsdon (In re Pringle)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 11 years 6 months ago

Citation:

No. 09-41653 (B.A.P. 9th Cir. July 2, 2013)

Ruling:

Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that a defendant impliedly consented to the BC’s entry of a...

Judge(s):

Markell, Dunn and Jury, bankruptcy judges.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Fraudulent Transfers
• Venue/Jurisdiction
• Rule 8003
• Rule 7008
• Rule 7012
• § 101
• § 341
• § 522
• § 548

J&M Securities, LLC v. Moore (In re Moore)

• Summarized by Omid Moezzi ,
• 11 years 6 months ago

Citation:

8th Cir. (BAP July 8, 2013 - Appeal from Bankruptcy Court Eastern District of Missouri) - Case No 12-6061

Ruling:

AFFIRMING the bankruptcy court's ruling that a state law exception which allowed the debtor to use a state law exemption for her homestead against a single creditor.

Judge(s):

Kressel, Saladino and Shodeen.

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Professional Practice Areas
• Claims
• Mortgage
• Real Estate
• Valuation
• § 522

Daley v. Mostoller (In re Daley)

• Summarized by Faisal Delawalla , Jones Day
• 11 years 6 months ago

Citation:

No. 12-6130, 2013 U.S. App. LEXIS 12138 (6th Cir. June 17, 2013)

Ruling:

The decisions of the bankruptcy court and the district court were reversed. The debtor is entitled to a statutory presumption that his IRA is tax-exempt. Though the debtor granted a lien in his...

Judge(s):

Martin, Sutton, and Adams

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• § 522

Eleiwa v. Whitmore (In re Eleiwa)

• Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
• 11 years 7 months ago

Citation:

Case No. 12-1559 (B.A.P. 9th Cir. June 5, 2013)

Ruling:

In AFFIRMING in part and VACATING and REMANDING in part the bankruptcy court's order sustaining of the chapter 7 trustee's objection to the debtor's claimed homestead exemption in two real...

Judge(s):

Clement, Dunn, and Kirscher

Tag(s):

• 9th Circuit
• Claims
• Fraudulent Transfers
• § 541
• § 522
• § 548

Showalter v. Hopper (In re Showalter)

• Summarized by Carrie Hardman , Winston & Strawn LLP
• 11 years 9 months ago

Citation:

Showalter v. Hopper (In re Showalter), B.A.P. Case No. EC-12-1419-DJuMk (9th Cir. B.A.P. Apr. 11, 2013)

Ruling:

The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Eastern District of California (the...

Judge(s):

Dunn, Jury, and Markell, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• § 522

Sweeden v. Bertola (In re Bertola)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 11 years 10 months ago

Citation:

Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)

Ruling:

A debtor can convert cash proceeds from the sale of his home to non-cash property and such non-cash property retains its character as proceeds of the homestead for exemption purposes under...

Judge(s):

Karlin, Somers, and Mosier (sitting by designation).

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Rule 4003
• § 522

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