The U.S. Court of Appeals for the Eleventh Circuit (Circuit) held that Roth Individual Retirement Accounts (Roth IRAs), like customary Individual Retirement Accounts (IRAs) and 401(k) accounts, are...
Judge(s):
Charles R. Wilson; Barbara Lagoa; and Edward E. Carnes
The debtor's claim to a homestead exemption in a property leased to a third party as of the petition date was denied because the debtor failed to meet his burden of proof that his absence from the...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Western District of Washington (BC) concluding that those portions of a...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Gary A. Spraker
The bankruptcy court properly granted summary judgment on a § 727(a)(3) and (a)(4)(A) nondischargability complaint against a debtor who (1) failed to maintain adequate books and records from...
The U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the grant of summary judgment by the U.S. District Court for Southern District of Indiana (DC) to Southwest Credit Systems (SW),...
Judge(s):
Daniel A. Manion; Diane P. Wood; and Michael B. Brennan
Affirming the U.S. District and Bankruptcy Courts for the Northern District of Illinois (DC and BC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) found: (1) it lacked jurisdiction to...
Judge(s):
Diane S. Sykes; Joel Flaum; and Michael B. Brennan
Court of Appeals agreed with the bankruptcy court that debts were dischargeable. The debtors' removal of furniture during state court litigation was not a "transfer." Even if such disposals...
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed a bankruptcy court's decision that valued the claim of a couple (CRs) at $458,470 and found it nondischargeable under §...
Judge(s):
Dale L. Somers; Robert H. Jacobvitz; and Janice D. Lloyd
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of appellees' motion for summary judgment as to certain claims and the dismissal of any others by the U.S. Bankruptcy...
In an opinion most of the bankruptcy court's judgment as to a creditor's violation of the automatic stay, but vacating its denial of attorneys' fees based on the "technical" nature of these...
Judge(s):
Robert J. Faris; Julia W. Brand; and Gary A. Spraker
