There can be no claim preclusion of state and federal claims of exemption because § 522(b)(1) and Schedule C prohibit raising state and federal homestead exemptions on a single schedule. The claim...
Claim preclusion does not bar a debtor from amending their schedule of exemptions (which is allowed under Fed. R. Bankr. P. 1009(a)) when the amendments assert different grounds for exempting...
Judge(s):
Marsha S. Berzon and Mark J. Bennett, Circuit Judges, and Joan H. Lefkow, District Judge, sitting by designation
The circuit court affirmed the district court’s decision upholding the bankruptcy court’s dismissal of Debtors’ petition and imposition of a new filing bar. The bankruptcy court had the...
The circuit court affirmed the district court’s decision granting summary judgment. Plaintiffs failed to brief the issues and to meet the Rule 28 standards. Plaintiffs’ brief failed to...
The circuit court affirmed the district court’s decision, affirming the bankruptcy court’s denial of Debtor’s motion to reopen his bankruptcy case. Debtor’s opening brief did not challenge...
The US Court of Appeals for the Tenth Circuit upheld lower court rulings that no portion of Jose Garcia-Morales’ $1,455 federal income tax refund, which was based on a refundable child tax...
The circuit court affirmed the district court’s decision affirming the bankruptcy court’s denial of Appellant’s motion to compel turnover of Debtor’s federal income tax refund....
The United States Bankruptcy Appellate Panel for the Eighth Circuit overturned a bankruptcy court’s orders denying a lien avoidance motion and dismissing a related adversary proceeding. On the...
