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
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...
Ninth Circuit BAP affirmed bankruptcy court order sanctioning chapter 7 debtor for suing chapter 7 trustee, without bankruptcy court approval, based upon the Barton doctrine, but reversed and...
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...
Chapter 7 Trustee was entitled to turnover of debtor’s residential property, and could evict debtor from the property, under § 542(a) inasmuch as “there[] [was] ample evidence demonstrating...
Chapter 7 discharge barred trustee of trustee from seeking to collect on debts owed to the trustee of an estate planning trust in his individual capacity, but did not prohibit the trustee, in his...
