Reviewing the decision of the U.S. Bankruptcy Court for the District of Colorado (BC), the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed its dismissal of a debtor’s adversary...
Judge(s):
Jerome A. Holmes; Carolyn B. McHugh; and Nancy L. Moritz
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) sustaining an exemption objection...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Laura S. Taylor
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) saw no error in its inferring of the verboten intent in a...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Robert J. Faris
The U.S. Court of Appeals for the First Circuit (Circuit) held that the judge sitting by designation on the U.S. District Court for the District of Puerto Rico solely for hearing petitions under...
Judge(s):
Sandra L. Lynch; Kermit V. Lipez, and Ojetta R. Thompson
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
The bankruptcy discharge injunction does not prevent a testator or settlor of a family trust from requiring that an amount equal to the discharged debt be treated as an advancement on an inheritance.
Affirming the BAP, the circuit court concluded that a retirement account (RA) was held as a tenancy by the entirety by the Debtor (DR) and his wife and thus properly exempt per Wyoming law, status...
Judge(s):
Timothy M. Tymkovich; Mary B. Briscoe; and Robert E. Bacharach
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that claim and issue preclusion barred...
Judge(s):
Laura S. Taylor; Scott H. Gan; and Christopher M. Klein
