The U.S. Court of Appeals for the Eighth Circuit (Circuit) dismissed the appeals of the memorandum and order of the United States District Court for the Northern District of Iowa (DC) by two...
The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing Appellant's Fair Debt Collection Practices Act claim against a debt collector Appellee acting on behalf...
Circuit Court affirmed the lower courts' dismissal of pro se debtor's adversary proceeding which sought to discharge her student loans for failure to timely effectuate service on the United States...
The U.S. Court of Appeals for the Tenth Circuit held a bankruptcy court did not err in concluding a debtor, who operated a property rental business, could not exempt real property from the...
The Rooker-Feldman doctrine prevents a federal bankruptcy court from reviewing a state court's decision that a debt owed to a casino was not discharged in an individual debtor's chapter 7 case. ...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court abused its discretion in issuing monetary sanctions sua sponte to chapter 13 debtors' counsel due to counsel's...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in (a) vacating an order awarding attorney fees to a chapter 7 trustee representing...
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the judgment of the circuit's Bankruptcy Appellate Panel (BAP) concluding that it lacked jurisdiction over appeals of orders of...
Judge(s):
Joel M. Carson III; Allison H. Eid; and Veronica S. Rossman
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit held a bankruptcy court did not err in granting a summary judgment against a chapter 7 Trustee on a claim to avoid a post-petition transfer...
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
