Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 3 months ago
Citation:
Kulakowski v. Walton (In re Kulakowski), Case No. 12-15294 (11th Cir. Nov. 15, 2013) (published).
Ruling:
Bankruptcy court, in appropriate circumstances, can consider the entirety of a non-filing spouse's income in its totality of the circumstances analysis under 11 U.S.C. Section 707(b)(3)(B).
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 8 months ago
Citation:
13 FED App.0003P; BAP Case No. 12-8047
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed a ruling of the Northern District of Ohio Bankruptcy Court dismissing the debtors' Chapter 7 case as an abuse under the totality of the...
Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
12 years 8 months ago
Citation:
Piazza v. Nueterra Healthcare Physical Therapy LLC. Case No. 12-12899 (11th Cir. June 26, 2013)(published)
Ruling:
Under § 707(a) of the bankruptcy code, the bankruptcy court may involuntarily dismiss a Chapter 7 petition for cause due to Debtor’s prepetition bad faith conduct.
Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber), No. 12-6063 (B.A.P. 8th Cir. April 9, 2013)
Ruling:
11 U.S.C. 706(b) states that on request of a party in interest, the court may convert a case under chapter 7 to a case under chapter 11. Thus, nothing in the statute requires that the debtor's...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 11 months ago
Citation:
Case No. 12-60009 (9th Cir. March 25, 2013)
Ruling:
In AFFIRMING the judgment of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's judgment confirming a chapter 13 plan as proposed in good faith, the Ninth Circuit held that under...
Judge(s):
Kenneth F. Ripple, Stephen S. Trott, and Richard A. Paez
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling:
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was...
Nos. CC-12-1306-DKiPa & CC-12-1307-DKiPa (B.A.P. 9th Cir. Mar. 4, 2013)
Ruling:
Affirming the judgment of the Bankruptcy Court for the Central District of California (“the BC”), the Bankruptcy Appellate Panel for the Ninth Circuit (“the BAP”), held that the BC did not...
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
13 years 2 weeks ago
Citation:
In re Jean (Jean v. SunTrust Bank), Case No. 12-13333 (11th Cir. February 13, 2013) (unpublished) (per curiam).
Ruling:
Whether the automatic stay comes into effect upon the filing of a bankruptcy petition does not hinge on whether two cases have been filed within the year, but rather, whether two cases have been...
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
13 years 2 months ago
Citation:
Witcher v. Early (In re Witcher), Case No. 11-15883 (11th Cir. Dec. 13, 2012)
Ruling:
The Eleventh Circuit held that a bankruptcy court may properly consider a debtor's ability to pay his or her debts as part of the totality-of-the-circumstances test set forth in 11 U.S.C. Section...
Steffen v. Menchise (In re Steffen), Case No. 11-15757 (11th Cir. Dec. 11, 2012) (unpublished) (per curiam)
Ruling:
AFFIRMING the district court and the bankruptcy court, the Eleventh Circuit Court of Appeals held that the order dismissing the debtor's chapter 7 case conditioned upon the satisfaction of certain...
