In re Irving Tanning Co., BAP No. EB 12-077, 2013 WL 4400254 (1st Cir. BAP, Aug. 15, 2013)
Ruling:
Section 1123(a)(5), which provides for a plan’s implementation “[n]otwithstanding any otherwise applicable nonbankruptcy law” does not “permit the Debtors to overwrite” state...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
12 years 9 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...
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
Summarized by David Baker , Law Office of David G. Baker
12 years 10 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...
Judgment of District Court vacated and remanded. Where proceeds of Ponzi scheme were commingled with law firm's legitimate income in bank account in name of law firm, Government precluded as a...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and BUCKLEW, District Judge (sitting by designation)
Goddard v. Heldt, Gill, & Gill (In re Heldt), Case No. 12-6027 (10th Cir. May, 14, 2013)
Ruling:
The 10th Cir. affirmed the U.S. District Court and U.S. Bankruptcy Court (W.D. Okla.) in dismissing Ch. 7 trustee's claim to avoid as fraudulent debtor's transfer of title to sister in mother's...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 10 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...
The BAP affirmed the decision of the bankruptcy court that the debtor's prepetition alimony award was property of her bankruptcy estate, subject to any exemptions the debtor may have under South...
The Ninth Circuit BAP AFFIRMED the Bankruptcy Court granting of relief from the automatic stay to permit a purchaser at foreclosure sale to pursue a forcible detainer action against the debtor in...
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling:
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan...
