On rehearing, the Circuit Court affirmed its prior decision affirming the District Court's denial of a title company and its employee, ("FA Defendants"), motion to compel arbitration of an action...
Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 6 months ago
Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling:
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just...
BAP No. NC-13-1300-DJuKi; Bk No 12-11910; Adv. No 13-01040 (for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's summary judgment ruling that the debtor’s obligation to “pay and hold Wife harmless” from certain credit card debt under a marital...
In order to be non-dischargeable under 523(a)(5) or 523(a)(15), the debt must be owed to or recoverable by a spouse, former, spouse, or child of the debtor. The Gunness court found the plain...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 2 months ago
Citation:
Ashworth v. Ehrgott, et al. (In re Ashworth), B.A.P. No. CC-12-1591 (9th Cir. B.A.P., December 16, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the order of the Bankruptcy Court, overruling the Debtor's objection to the proof of claim filed by his...
