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
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...
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...
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...
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...
Summarized by Eryk Escobar , Department of Justice
12 years 6 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 No.: 04-07678 (Not for Publication)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
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...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 3 months 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...
