Summarized by Robert Miller , University of South Dakota, Knudson School of Law
13 years 6 months ago
Citation:
Harcher v. U.S. (In re Harcher), Case Nos. 10-4201, 10-4419, 10-4420 (6th Cir. Sept. 12, 2012)
Ruling:
In a 3-0 ruling, the Sixth Circuit held that the IRS violated neither the Debtor's chapter 13 plan nor the automatic stay by choosing to manually process the Debtor's tax refund when the processing...
Judge(s):
Judge Griffin authored the opinion of the Court. He was joined by Chief Judge Batchelder and District Judge Cohn.
Kenneth A. Rushton v. Bank of Utah, BAP No. UT-11-098 (B.A.P. 10th Cir. Sept. 5, 2012).
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's denial of the Chapter 7 Trustee's Motion for Summary Judgment. The bankruptcy court properly denied the Trustee's avoidance claim under 11...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 7 months ago
Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
13 years 7 months ago
Citation:
Case No. 11-1900 (8th Cir. July 25, 2012)
Ruling:
The automatic stay does not apply to an action against a Debtor's improvement districts formed under Arkansas law because the improvement districts are neither property of the Debtor nor the...
Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)
Ruling:
The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...
Judge(s):
BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.
AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration,...
Judge(s):
KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)
Nos. 10-3376/3377, 2012 U.S. App. LEXIS 13665 (6th Cir. July 5, 2012)
Ruling:
The decision of the district court was affirmed. A defendant's bankruptcy filing did not stay the district court from ruling on a contempt motion for violation of a temporary restraining order...
In REVERSING in part and AFFIRMING in part, a bankruptcy court's decision denying fees, the Bankruptcy Appellate Panel for the Ninth Circuit held that a debtor is entitled to attorney's fees as...
Judge(s):
Bankruptcy Appellate Panel Judges PAPPAS, DUNN and KRISCHER.
No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)
Ruling:
Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that...
The 6th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s judgment refusing to order damages for a violation of the automatic stay and dismissing the claim that the repossession...
