BAP affirmed bankruptcy court's finding that 522(f)(1) permits a debtor to avoid any judicial lien, including inchoate and unenforceable lien, that "fixes" upon exempt property.
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 4 months ago
Citation:
No. 14-11355, fifth Circuit Court of Appeals
Ruling:
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain
assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)
Ruling:
The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter...
Judge(s):
Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 4 months ago
Citation:
Eden Place, LLC v. Perl (In re Perl), No. 14-60039, --- F.3d --- (9th Cir. Jan. 8, 2016)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit held that an entity that had purchased the debtor's real property through a non-judicial foreclosure sale did not violate the automatic stay by...
Judge(s):
Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges
Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.
Ruling:
A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 5 months ago
Citation:
In re Free, No. WW-14-1395-JuKiF (9th Cir. B.A.P. Dec. 17, 2015)
Ruling:
In personam liability on undersecured debt that is discharged in chapter 7 is not counted toward the unsecured-debt limit in a subsequent chapter 13 case.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Robert J. Faris, Bankruptcy Judges. Opinion by Judge Jury.
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling:
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 5 months ago
Citation:
In re Stijakovich-Santilli, No. EC-15-1000-FDJu (9th Cir. B.A.P. Dec. 15, 2015).
Ruling:
To object to an exemption as fraudulently claimed, a trustee need not demonstrate that the trustee could not have discovered the fraud, and the trustee may rely on the debtor’s statements made...
Judge(s):
Robert J. Faris, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges. Opinion by Judge Faris.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 5 months ago
Citation:
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling:
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s):
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
