Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Southern District of California (BC) that imposed $2,990 in fines and...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Robert J. Faris
The decision has no precedential value and is not recommended for publication. The B.A.P. for the Ninth Circuit ruled that the bankruptcy court for the District of Arizona did not abuse its...
Sixth Circuit affirmed U.S. District Court for the Northern District of Ohio grant of summary judgment in favor of Chapter 13 debtor’s former employer in civil lawsuit alleging violation of the...
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...
Judge(s):
Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...
Judge(s):
Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa
