The Sixth Circuit Bankruptcy Appellate Panel held that (i) an action to determine that personal property is property of the bankruptcy estate need not be pleaded with particularity, (ii) there is...
In this consolidated appeal, the Court of Appeals affirmed the Bankruptcy Court decisions to dismiss two claims brought by a creditor derivatively on behalf of the Chapter 7 Trustee: a claim...
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Or.) denying non-debtor principal's claim objection against secured creditor who had not filed proof of claim. Secured creditor did not...
The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
The Court held that Shelton made material misrepresentations when
he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
