Parks v. Drummond (In re Parks)

Citation:
BAP No. MT-11-1366-JuMkH (August 6, 2012)
Ruling:
The BAP held that 541(b)(7)(A) excludes from property of the estate only those 401(k) contributions made before the petition date, and that Chapter 13 debtors' voluntary postpetition retirement...
Judge(s):
JURY, MARKELL, and HOLLOWELL, Bankruptcy Judges
Tag(s):

Studensky v. Morgan (In re Morgan)

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Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR.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):

Levesque v. Shapiro (In re Levesque)

Citation:
BAP No. NV-11-1742-DKiPa (B.A.P. 9th Cir. June 25, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, the Ninth Circuit Bankruptcy Appellate Panel held that the chapter 7 trustee had standing to appear with respect to Debtors' motion to reopen their chapter 7 case...
Judge(s):
DUNN, KIRSCHER, and PAPPAS
Tag(s):

In re Maharaj

Citation:
In re: Maharaj, Case No. 11-1747 (4th Cir. June 14, 2012), slip opinion
Ruling:
AFFIRMING the bankruptcy court's denial of confirmation of an individual Chapter 11 plan accepted by two classes of creditors, but rejected by a class of unsecured creditors, the court held, in a...
Judge(s):
Before Duncan, Agee and Diaz, Circuit Judges. Opinion by Judge Agee in which Judge Duncan and Judge Diaz joined
Tag(s):

In re Federal-Mogul Global Inc.

Citation:
In re Federal-Mogul Global Inc., Case No. 09-2230, 2012 WL 1511773 (3d Cir. May 1, 2012)
Ruling:
The Court of Appeals for the Third Circuit held that the Debtor Federal-Mogul could transfer its insurance rights to recovery under liability policies to a post-confirmation section 524(g) trust,...
Judge(s):
Anthony J. Scirica, D. Brooks Smith and Kent A. Jordan
Tag(s):

Gladwell v. Reinhart (In re Reinhart)

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Gladwell v. Reinhart, Case No. 2:08-CV-00562-DAK (April 24, 2012), unpublished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):

Cook v. Wells Fargo Bank, N.A., Scott Garrett and Pamela Garrett (In re Cook)

Citation:
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
Judge(s):
Nugent, Romero and Somers, Bankruptcy Judges.
Tag(s):

[UPDATED] Guay v. Burack

Citation:
Guay v. Burack, United States Court of Appeals for the First Circuit, No. 10-2513, April 19, 2012
Ruling:
Applying an abuse of discretion standard, the Court affirmed the dismissal of a civil action based on judicial estoppel when the plaintiffs had failed to amend their bankruptcy Schedules officially...
Judge(s):
Boudin, Selya and Lipez
Tag(s):

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