Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed. When one spouse files bankruptcy, a trustee succeeds only...
In a summary order, the Second Circuit Court of Appeals vacated the district court’s February 1, 2017 judgment, and remanded for further proceedings. The Second Circuit held that summary judgment...
Judge(s):
The Honorable Guido Calabresi; The Honorable Richard C. Wesley; and The Honorable Denny Chin
The Order denying Debtor's Second Reconsideration of the Bankruptcy Court's order sustaining the Chapter 7 Trustee's objection to certain claimed exemptions is Affirmed.
Property transferred from a trust to debtor individually prior to the petition date became property of the bankruptcy estate and the proceeds from the postpetition sale of that property were...
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...
AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline...
Judge(s):
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
