Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 4 months ago
Citation:
Green v. Zukerkorn (In Re Zukerkorn), Bankruptcy No.: 10-13626, BAP No.: NC-11-1506-JuKiJo
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy Court denial of Chapter 7 Trustee's Motion to Compel turnover of all or some of a spendthrift trust as part of the Bankruptcy...
Judge(s):
Presiding Bankruptcy Judge Alan Jaroslovsky, Judge Jury, Judge Johnson
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
13 years 5 months ago
Citation:
In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)
Ruling:
The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for...
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
13 years 6 months ago
Citation:
--- F.3d ----, 2012 WL 5259002 C.A.6 (Tenn.),2012, Appellate Case No. 11-8066, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 1:10-cv-260
Ruling:
The United States Court of Appeals for the Sixth Circuit held that a potential tort claim held by a debtor, which accrued prior to her filing of a Chapter 7 bankruptcy, became property of the...
Judge(s):
Jeffrey S. Sutton
Richard Allen Griffin
Helene N. White
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 6 months ago
Citation:
In re Borgman, --- F.3d ----, 2012 WL 5201347 (10th Cir. Oct. 23, 2012)
Ruling:
The Tenth Circuit REVERSED the BAP and REINSTATED the orders of the Bankruptcy Court disallowing claimed exemptions of tax refunds. "The amount of a federal tax refund equivalent to the...
Santiago v. Rivera (In re Santiago), BAP No. PR 11-075 (1st Cir. BAP Sep. 26, 2012) (for publication)
Ruling:
The First Circuit Bankruptcy Appellate Panel REVERSED the ruling of the bankruptcy court, finding that anticipated tax refunds for pre-petition earnings or losses are property of the estate under...
Judge(s):
Boroff, Deasy, and Bailey, United States Bankruptcy Appellate Panel Judges
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...
In the majority opinion of the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("BAP 9th Cir."), the Court, affirming the bankruptcy court order and judgment, held that the...
Judge(s):
HOLLOWELL, PAPPAS and DUNN, Bankruptcy Judges. PAPPAS, Bankruptcy Judge, Dissenting.
