The U.S. Court of Appeals for the Ninth Circuit upheld a bankruptcy court's order reducing a debtor's homestead exemption to $0 under 11 U.S.C. § 522(o). The bankruptcy court did not clearly err...
The U.S. Court of Appeals for the Sixth Circuit held it had jurisdiction to review a bankruptcy court's denial of a chapter 13 debtor's Civil Rule 60(b) motion and affirmed, concluding his failure...
By not previously bringing claims against Creditor, Debtor forfeited such claims after reaching a settlement agreement with Creditor. While the settlement agreement contains a carve-out provision...
Debtor’s receipt of a turnover order and her failure to comply with its express terms serve as grounds for the bankruptcy court to hold her in contempt and sanction her. Appellants must directly...
The Fourth Circuit affirmed the district court's order to uphold the modification of the automatic stay, and dismissed the portion of the order where the bankruptcy court decided to abstain and...
A section 341 first meeting of creditors does not automatically conclude if the trustee fails to comply with the requirements of Fed. R. Bankr. P. 2003(e), so that the 30-day window under Fed. R....
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court's order finding a bank account held by the chapter 7 debtor and his non-debtor spouse was exempt property. In Florida,...
The district court erred by granting the defendants’ summary judgment motion for the Real Estate Settlement Procedures Acts claim because the plaintiff attached the required Qualified Written...
The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing an amended complaint, sua sponte, based on judicial estoppel as the plaintiff/appellant did not disclose...
