Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
Ninth Circuit affirmed District Court (D. Nev.) grant of summary judgment in favor of defendant. The COA held that a violation under the Fair Credit Report Act (FCRA), 15 U.S.C. Sec. 1681(a)(3)(A)...
Judge(s):
Richard A. Paez, Carlos T. Bea, Lynn S. Adelman (District Judge sitting by appointment)
The 10th Circuit BAP affirmed the bankruptcy court's ruling that the post-petition appreciation of property owned by a chapter 13 debtor on the petition date does not constitute property of the...
The bankruptcy court decision to grant summary judgment was affirmed in full. The BAP also found that the decision to apply issue preclusion was appropriate under Nevada law, because the Trustee...
The bankruptcy court decision not to reopen the case was affirmed in full. The appellate court reviewed the decision not to reopen for an abuse of discretion and determined there was no such...
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the Debtor's motion to dismiss. The Debtor does not have an absolute right to dismiss; rather, the Debtor must demonstrate...
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
