The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
Claims based on events that occur after the filing of a voluntary Chapter 7 petition are not subject to judicial estoppel if the debtor fails to disclose and schedule such claims.
The Court of...
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
9 years 5 months ago
Citation:
Scott v. King (In re Amerson), Case No. 15-1343 (10th Cir. Oct. 28, 2016)
Ruling:
The exclusion from the bankruptcy estate of an interest in a spendthrift trust under 541(c)(2) is permissive and not mandatory and it is a debtor's choice whether or not to include such interest in...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 4 months ago
Citation:
BAP NO. PR 14-067 (1st Cir. B.A.P. December 4, 2015)
Ruling:
The Bankruptcy Appellate Panel for the First Circuit affirmed the Bankruptcy Court's finding that it did not have jurisdiction over real property and that the automatic stay did not protect the...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 8 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"...
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP Nos. CC-14-1571 and CC-14-1572
Ruling:
Transfer of title to property in violation of order appointing a receiver is not void and title to the property becomes property of the transferee's bankruptcy estate.
The 9th Cir. BAP held that Debtor's Trust was their "alter ego;" that the assets held in Trust were property of the estate that must be turned over to the Chapter 7 Trustee; and that the Debtors'...
