The bankruptcy court properly disallowed a claim filed by a secured creditor that failed to comply with Arizona state law for preserving the right to a deficiency following the foreclosure. Arizona...
Judge(s):
BENTON, SHEPHERD, STRAND (N.D. Iowa, sitting by designation)
Claims based on events that occur after the filing of a voluntary Chapter 7 petition are not subject to judicial estoppel if the debtor fails to disclose and schedule such claims.
The Court of...
Sixth Circuit BAP affirmed Bankruptcy Court's order granting summary judgment for the creditor in a non-dischargeability case under Section 523(a)(6) determining that a jury verdict in U.S....
Judge(s):
Delk, Preston and Wise, Bankruptcy Appellate Judges
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
Affirming the district court (N.D. Iowa), (1) deposits that were applied against "true overdrafts," as determined under Iowa law, were avoidable as preferences; whereas deposits that were applied...
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
