Affirming the bankruptcy court, the 8th Circuit Bankruptcy Appellate Panel (BAP) held that attorney fee awards related to enforce or defend issues involving child support, visitation or custody...
Judge(s):
Anita L. Shodeen, Dennis R. Dow, and Kathleen Hvass Sanberg
Sustaining the Bankruptcy Appellate Panel’s affirmance of the bankruptcy court’s summary judgment grant, the U.S. Court of Appeals for the Sixth Circuit (Circuit) held malpractice claims...
Judge(s):
Richard F. Suhrheinrich; Bernice B. Donald; and Eric E. Murphy
Affirming the district court’s reversal of the decision of the bankruptcy court (BC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that a debtor (DR) with two...
Judge(s):
Priscilla R. Owen; Jacques L. Wiener Jr.; and James L. Dennis
Affirming the lower court’s grant of summary judgment to the Pension Benefit Guaranty Corp. (PBGC), the U.S. Court of Appeals for the Sixth Circuit (Circuit) held that the termination of a...
Judge(s):
Eugene E. Siler Jr.; Julia S. Gibbons; and John B. Nalbandian
The U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit) affirmed the grant by the U.S. Bankruptcy Court for the Eastern District of Michigan (BC), itself blessed by the U.S. District Court...
Judge(s):
R. Guy Cole Jr.; Bernice B. Donald; and Chad A. Readler
Taxpayer/Debtor filed IRS forms 1040 and 1099 which contained data sufficient to show the taxpayer was liable for certain backup-withholding taxes. Those forms constituted a "return" that began the...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the denial by the United States Bankruptcy Court for the Central District of California (BC) of the dispositive motion (Motion),...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Gary A. Spraker
Creditor's claim did not assert a pre-petition state law cause of action separate from the Bankruptcy Code. Rather, the claim arose from the initial bankruptcy filing. Therefore, the claim is...
Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the disallowance, by the U.S. Bankruptcy Court for the Central District of California (BC), of the Debtor's claim of a homestead...
Judge(s):
Gary A. Spraker; Scott H. Gan; and William J. Lafferty III
As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...
Judge(s):
Barry S. Schermer (Author); Charles L. Nail, Jr.; and Dennis R. Dow
