A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
On a direct appeal from the bankruptcy court, the Eleventh Circuit affirmed the order confirming the modified plan chapter 13 plan without requiring a change in the debtor's circumstances, based on...
Judge(s):
Branch and Marcus, Circuit Judges, and Ungaro, District Judge.
Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
Judge(s):
Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...
Sixth Circuit affirmed the district court's holding that the bankruptcy court did not abuse its discretion when it decided to abstain from hearing an adversary proceeding brought by the Chapter 13...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Haw.) approving chapter 7 trustee's motion to approve settlement over objection of debtor. Bankruptcy court did not abuse discretion in...
BAP for 9th Circuit affirmed ruling of bankruptcy court (WD Wash) dismissing chapter 13 case for cause under 11 USC 1307(c), including delay prejudicial to creditors. Debtor's failure to make...
Adopting the majority position interpretation of 11 U.S.C. § 544(c), failing to include to include an asset on a debtor's schedules precludes an abandonment of such asset if it is not administered...
