The 11th Circuit reversed summary judgment in favor of DISH as to the FCCPA claims because the district court failed to determine whether DISH possessed actual knowledge that its debt had been...
Judge(s):
Jill Pryor and Grant, Circuit Judges, and Royal, District Judge
Court affirmed imposition of sanctions against Debtor's counsel for filing two different petition for relief for Decedent's estate. Counsel knew or should have known that Decedent's estate is not...
The Seventh Circuit Court of Appeals dismissed the Appellant’s appeal, finding that the Court lacked jurisdiction to hear the appeal under 28 U.SC. § 158(d)(1) because the district court’s...
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
Appeal of order denying motion to dismiss the debtor's chapter 7 case pursuant to section 109(g)(2) filed several months after the order was entered was was dismissed for lack of appellate...
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...
1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
Judge(s):
FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
