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Matos v. Rivera (In re Matos)

  • Summarized by Guy Moss ,
  • 13 years 5 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. PR 11-074, September 26, 2012
Ruling:
As a threshold matter, the BAP ruled that all tax refunds received by a Chapter 13 debtor are property of the estate whether pursuant to 11 U.S.C. sec. 541(a), to the extent they are rooted in...
Judge(s):
Boroff, Deasy and Bailey
Tag(s):

Richardson v. Schafer (In re Schafer)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 13 years 6 months ago
Citation:
Sixth Circuit Court of Appeals File Name: 12a0274p.06
Ruling:
AFFIRMING the ruling of the Bankruptcy Court for the Western District of Michigan, the Sixth Circuit Court of Appeals held Michigan's bankruptcy-specific state exemption law was constitutional...
Judge(s):
Cole, Clay and Mattice (District Judge for E.D. Tenn.); Opinion by Cole
Tag(s):

Malley v. Agin

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 13 years 6 months ago
Citation:
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
Judge(s):
Boudin, Souter, Thompson
Tag(s):

In re Messina

  • Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
  • 13 years 7 months ago
Citation:
In re Messina, No. 11-1426 (3rd Cir. Aug. 6, 2012)
Ruling:
The Third Circuit found that Schwab v. Reilly, 130 S. Ct. 2652 (2010) modified Taylor v. Freeland & Kronz, 503 U.S. 638 (1992) so that Bankruptcy Rule 4003's 30-day time limit now only applies to...
Judge(s):
Fisher, Hardiman and Greenaway, Circuit Judges
Tag(s):

Silliman v. Cassell (In re Cassell)

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 13 years 7 months ago
Citation:
United States Court of Appeals for the 11th Circuit, Case No. 11-13115 The case was decided on March 22, 2013, and will be published.
Ruling:
The District Court ruled that an annuity purchased by the Debtor with inherited funds one year before filing bankruptcy was exempt as an “annuity” under the Georgia bankruptcy exemption...
Judge(s):
Circuit Judges Carnes, Martin and Jordan
Tag(s):

In re Orton

Citation:
In re Orton, No. 11-4157 (3d Cir. July 20, 2012) (Precedential)
Ruling:
Affirming the Bankruptcy Court and District Court, the Third Circuit Court of Appeals held that under the wildcard exemption in 11 U.S.C. § 522(d)(5), where the debtor exempts only an interest in...
Judge(s):
Ambro, Vanaskie and Aldisert
Tag(s):

Studensky v. Morgan (In re Morgan)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 7 months ago
Citation:
Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR. R. 47.5
Ruling:
The Fifth Circuit REVERSED the judgment of the District Court and held that, where a debtor does not claim a homestead exemption and then sells the homestead post-petition, the debtor has the...
Judge(s):
Jolly, Higginbotham, and Dennis (per curiam)
Tag(s):

White v. Commercial Bank and Trust Co. (In re White)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 9 months ago
Citation:
Case Nos. 11-6032 & 11-6033 (B.A.P. 8th Cir. Nov. 16, 2011)
Ruling:
REVERSING the bankruptcy court's order denying the debtors' motion to avoid Commercial Bank's judicial lien, the Eighth Circuit BAP held that because both debtors' property would be exempt under...
Judge(s):
Kressel, Schermer and Saladino, Bankruptcy Judges
Tag(s):

Soule v. Willcut (In re Willcut)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 13 years 9 months ago
Citation:
Soule v. Willcut (In re Willcut), BAP Case No. 11-023 (10th Cir. B.A.P. May 29, 2012)
Ruling:
AFFIRMING the bankruptcy court's order, the 10th Circuit Bankruptcy Appellate Panel held that the phrase "value of an interest in . . . real [ ] property" in Section 522 of the Bankruptcy Code is...
Judge(s):
Nugent, Karlin, and Romero, Bankruptcy Judges.
Tag(s):

Gladwell v. Reinhart (In re Reinhart)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 13 years 10 months ago
Citation:
Gladwell v. Reinhart, Case No. 2:08-CV-00562-DAK (April 24, 2012), unpublished
Ruling:
The Tenth Circuit Court of Appeals held that (i) the debtor's Keogh retirement plan was generally exempt under Utah state law because it substantially complied with the IRS tax requirements, (ii)...
Judge(s):
Kelly, Holloway, and Murphy.
Tag(s):

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