Debtor's health savings account (HSA) was not exempt property pursuant to Section 522 and Georgia's state exemptions which exempt “disability, illness, or unemployment benefit,” and any...
Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished
Ruling:
Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised...
In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)
Ruling:
In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling:
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...
Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)
Ruling:
The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter...
Judge(s):
Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)
Cline v. Ford (In re Cline), BAP No. AZ-14-1503-PaJuKi (B.A.P. 9th Cir. June 30, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in sustaining the trustee's objection to the debtors' claimed...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
10 years 9 months ago
Citation:
Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
Ruling:
Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in...
Gordon, et al. v. Wadsworth, Case No. 14-1257 (10th Cir. June 26, 2015) (published)
Ruling:
Balance of funds paid out of retirement plan that was in debtors’ savings account on the petition date is not exempt under Colorado’s exemption statute - C.R.S. § 13-54-102(1(s).
The Ninth Circuit affirmed the Bankruptcy Appellate Panel's ruling that the Debtor's exemption claim under California's homestead exemption laws does not apply to the Debtor when (1) the Debtor did...
Judge(s):
Before: SCHROEDER and IKUTA, Circuit Judges, and and SEABRIGHT, District Court Judge for the District of Hawaii (sitting by designation).
