Residential real property that has been owned by a properly formed trust for nearly 15 years before the commencement of the debtors' Chapter 7 bankruptcy case is not property of the bankruptcy...
Judge(s):
HUMPHREY, OPPERMAN, and WISE, Bankruptcy Appellate Panel Judges
The bankruptcy court did not abuse its discretion in dismissing the debtor's chapter 13 case for unreasonable delay prejudicial to creditors within the meaning of section 1307(c)(1) where the...
The Court of Appeals for the Tenth Circuit affirmed the bankruptcy court's (D. Colo.) holding that the debtor’s obligation pursuant to a default judgment obtained by creditors in state court...
The court had jurisdiction over the district court’s order affirming the grant of a homestead exemption. The bankruptcy court erred because it did not determine whether the debtor intended to...
Judge(s):
Michael Daly Hawkins, Barrington D. Parker, Jr., and Sandra S. Ikuta
Exemptions are determined by law based on Debtor's domicile for 730 days pre-petition, Bankruptcy Court conclusion that Debtor's domicile was in Ohio not erroneous.
A bankruptcy court may authorize a Chapter 13 trustee to have access to a debtor's federal, but state, post-petition income tax returns so that the trustee can satisfy his or her statutory duties,...
An attorney violates 11 U.S.C. 526(a)(4) if the attorney instructs a client to pay bankruptcy-related legal fees using a credit card. After going through several ways that 11 U.S.C. 526(a)(4) may...
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
A chapter 13 debtor may strip down a creditor’s undersecured (or fully underwater) lien whether or not that creditor filed a proof claim, and this power arises under § 1322(b), and not § ...
