in re Larsen

• Summarized by Joel Newell , Ballard Spahr, LLP
• 4 years 2 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1133-FBG (9th Circuit, Nov 03,2020) Not Published

Case Status:

Reversed and Remanded

Ruling:

The Bankruptcy Appellate Panel determined that the Trustee's objection was correct; however, not for the reasons presented by the Trustee. The Debtors were not entitled to any Nevada exemption...

Judge(s):

Honorable Faris, Brand, and Gan, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Venue/Jurisdiction
• Consumer Bankruptcy
• Rule 1009
• 11 U.S.C § 522

Steven Dollman v. Philip Montoya (In re Mendoza & Armijo)

• Summarized by Michael Cooley , Reed Smith LLP
• 5 years 10 months ago

Citation:

BAP Nos. NM-18-019, NM-18-030 (10th Circuit, Feb 05,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...

Judge(s):

Michael, Romero, and Somers

Tag(s):

• 10th Circuit
• Practice and Procedure
• Discharge/Dischargeability
• Rule 1009
• Rule 9006

Menendez v. Montoya (In re Dollman)

• Summarized by Lars Fuller , BakerHostetler
• 5 years 11 months ago

Citation:

BAP No. N-18-019 (10th Circuit, Feb 05,2019) Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 10th Circuit reversed and remanded ruling of bankruptcy court (D. NM) denying debtors' motions to amend schedules, including claimed exemptions, after cases had been closed. BAP ruled that...

Judge(s):

Michael, Romero, Somers

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Rule 1009
• 11 U.S.C § 522

Weakley v. Eagle Logistics

• Summarized by William Amann , Amann Burnett, PLLC
• 6 years 6 months ago

Citation:

17-1402(2)3, DC Docket No 3:16-cv-00403-HNJ (11th Circuit, Jun 29,2018) Published

Case Status:

Affirmed

Ruling:

Because the district court considered all the facts and circumstances of Weakley’s cases in determining whether he intended to mislead the bankruptcy court, see id. at 1185, it did not abuse...

Judge(s):

Carnes, CJ Marcus, Rosenbaum

Tag(s):

• 11th Circuit
• Bankruptcy Litigation
• Ethics
• Fraud
• Consumer Bankruptcy
• Consumer Debt
• Rule 1007
• Rule 1009
• 11 U.S.C § 521

Queen v. TA Operating, LLC

• Summarized by Michael Cooley , Reed Smith LLP
• 11 years 4 months ago

Citation:

No. 11-8090 and 11-8098 (10th Cir. August 20, 2013).

Ruling:

Affirming the lower court decision, the Tenth Circuit concluded that, where the debtor sought damages in a personal injury lawsuit in an amount that far exceeded the value of the claim as disclosed...

Judge(s):

Tymovich, Ebel, and O’Brien.

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Practice and Procedure
• Rule 1007
• Rule 1009

Kathy Ann Green v. Hapo Community Credit Union (In re Green)

• Summarized by Eryk Escobar , Department of Justice
• 11 years 5 months ago

Citation:

BAP No.: EW-12-1486-PaJuTa; Bankr. No.: 04-07678 (Not for Publication)

Ruling:

In considering whether the Bankruptcy Court erred in denying the debtor’s motion to avoid a judicial lien under § 522(f) in a reopened bankruptcy case, the Bankruptcy Appellate Panel of the...

Judge(s):

Pappas, Jury, and Taylor, Bankruptcy Judges; Appeal from Hon. Patricia C. Williams

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Practice and Procedure
• Rule 4003
• Rule 1009
• § 522

Hecker v. Seaver (In re Hecker)

• Summarized by David Shemano , ShemanoLaw
• 12 years 1 day ago

Citation:

Eight Circuit Court of Appeals, No. 11-3523 (January 11, 2013)

Ruling:

Where the debtor failed to assert an exemption in an asset prior to a hearing to consider a motion filed by the chapter 7 trustee for approval of a global settlement of the asset, the bankruptcy...

Judge(s):

Loken, Beam, and Smith

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Rule 1009
• Rule 9019

In re IFC Credit Corp.

• Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
• 13 years 1 month ago

Citation:

First Chicago Bank & Trust v. Leibowitz (In re IFC Credit Corp.), Ch. 7 Case No. 09-27094, Adv. No. 09-01230, aff'd No. 11-cv-1976, No. 11-2172 (7th Cir. Dec. 5, 2011).

Ruling:

Affirmed. The rule prohibiting pro se corporate filings is nonjurisdictional. Even though a pro se corporate filing is defective, it can be cured by an amended petition signed by an attorney...

Judge(s):

JJ. BAUER, POSNER AND WOOD

Tag(s):

• 7th Circuit
• Preferences
• Venue/Jurisdiction
• Rule 1009
• Rule 7015
• Rule 1018
• § 547

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• next