Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
Judge(s):
Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
Fifth Circuit affirmed ruling of district court (ND Tx), which affirmed ruling of bankruptcy court dismissing creditor's claims against non-debtor bank for failure to state a claim. Unsecured...
Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's ruling that Debtor's former spouse's attorneys' fees incurred in the pre-petition family law litigation were non-dischargeable as a...
Sixth Circuit affirmed the district court's holding that the bankruptcy court did not abuse its discretion when it decided to abstain from hearing an adversary proceeding brought by the Chapter 13...
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) awarding fraudulent transfer plaintiff-assignee damages, fees, and costs on 11 USC 544, 548, and 550 claims. Bankruptcy court did not...
BAP for 9th Circuit affirmed ruling of bankruptcy court (WD Wash) dismissing chapter 13 case for cause under 11 USC 1307(c), including delay prejudicial to creditors. Debtor's failure to make...
