BAP for 10th Circuit affirmed ruling of bankruptcy court (D. Colo.) granting defendants' motion for summary judgment based on determination that transfer occurred outside of preference period....
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Bankruptcy court's order dismissing adversary proceeding as barred by plan releases is affirmed. A confirmed plan is res judicata as to all issues decided or which could have been decided at...
BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...
The doctrine of equitable mootness applies to confirmed plans in chapter 9 (as well as chapter 11 and 13) bankruptcy cases. To the extent that constitutional rights may be affected in chapter 9...
In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...
10th Cir. (D. Colo.) reversed and remanded ruling of bankruptcy court (D. Colo.) on direct appeal finding that proper calculation for lien avoidance under 11 USC 522(f) for jointly owned property...
5th Cir. affirmed ruling of district court (ND. Miss.), affirming bankruptcy court, which overruled secured creditor's objection to chapter 13 plan treatment for failure to include one time...
The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
