In this precedential decision, the Third Circuit affirmed the decision of the district and bankruptcy courts below that pursuant to 11 U.S.C. 541(c)(2), a chapter 7 debtor's interests in retirement...
A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...
Judge(s):
Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung
The Eleventh Circuit held that the district court erred in dismissing the pro se debtors’ appeal for lack of jurisdiction and abused its discretion in dismissing the case as a sanction for...
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in granting a debtor's motion to voluntarily dismiss his chapter 13 case under 11 U.S.C. § 1307(b) over a...
Judge(s):
Forrest and Sung (majority), and Collins (dissent)
Bankruptcy court did not err in converting chapter 13 case to chapter 7 where debtor consistently failed to comply with bankruptcy court orders and demonstrated bad faith, nor did the court violate...
The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...
Judge(s):
FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
For lack of appellate jurisdiction under 28 U.S.C. § 158(d)(1), the U.S. Court of Appeals for the Second Circuit dismissed a chapter 7 debtor's appeal of an order denying his motion to dismiss his...
A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...
In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...
