Ninth Circuit affirmed bankruptcy court (D. Hawaii) ruling, affirmed by district court, finding that Trustee's adversary proceeding constituted valid objection under FRBP 4003 to debtor's claim of...
Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
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.
Auberto Nieves Guzmán and Annette Nazario Rodríguez Debtors appeal from the order denying their motion for reconsideration of the order sustaining the chap objection to certain claimed...
Judge(s):
BAP: Feeney, Finkle and Fagone. USBC-Puerto Rico: Tester
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 1 month ago
Citation:
Gladstone v. U.S. Bancorp, No. 13-55773 (9th Cir. Jan. 8, 2016).
Ruling:
A trustee may seek to avoid as fraudulent the debtor’s prepetition sale of a term life-insurance policy.
Judge(s):
Sidney R. Thomas, Chief Judge, Consuelo M. Callahan, Circuit Judge, and James K. Singleton, Senior District Judge for the U.S. District Court for the District of Alaska, sitting by designation. Opinion by Chief Judge Thomas.
Jenkins v. Simpson, Case No. 14-1385 (4th Cir. April 27, 2015) (published opinion)
Ruling:
The Fourth Circuit Court of Appeals held that a meeting of creditors that was not continued by announcement at the meeting, or by a subsequent filing, of the time and place for the continued...
Judge(s):
Before Motz, Keenan and Thacker, Circuit Judges. Opinion written by Judge Motz in which Judges Keenan and Thacker joined.
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 2 months ago
Citation:
File name 14a0928n.06; Docket No. 14-5290
Ruling:
The Sixth Circuit affirmed the Bankruptcy Court for the Eastern District of Tennessee, which held that because the debtor could elect to take a lump sum distribution of his retirement funds, it was...
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
12 years 3 months ago
Citation:
Reeves v. Callaway, 2013 U.S. App. LEXIS 23358, Case No. 12-2127 (4th Cir. Nov. 20, 2013) (unpublished) (per curiam)
Ruling:
PER CURIAM Affirming the Bankruptcy Court and District Court holdings: Debtors' Residence remained property of the bankruptcy estate despite the bankruptcy court allowing Debtors to reserve an...
Judge(s):
Judges Dennis W. SHEDD and James A. WYNN, Jr., and Senior Judge Clyde H. HAMILTON
