A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's dismissal of the debtor's case for failures to file schedules and a plan, to turn over tax returns and financial documentation, and to...
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 5 months ago
Citation:
Arenas v. U.S. Trustee (In re Arenas), Case No. CO-14-046 (10th Cir. B.A.P. Aug. 21, 2015)
Ruling:
A debtor engaged in the marijuana business legally under state law, but in violation of federal law, cannot obtain relief in the federal bankruptcy court. Engaging in federal criminal conduct...
Dudley v. Simmons (In re Dudley), BAP No. AZ-12-1631-KuDPa (BAP 9th Cir. Feb. 26, 2014)
Ruling:
The Ninth Circuit BAP affirmed bankruptcy court's (Arizona) dismissal of Chapter 13 case following expiration of sixty month term of confirmed plan and material default. The BAP perceived no abuse...
