Summarized by Eryk Escobar , Department of Justice
12 years 9 months ago
Citation:
BAP No.: EW-12-1486-PaJuTa; Bankr. No.: 04-07678 (Not for Publication)
Ruling:
In considering whether the Bankruptcy Court erred in denying the debtor’s motion to avoid a judicial lien under § 522(f) in a reopened bankruptcy case, the Bankruptcy Appellate Panel of the...
Judge(s):
Pappas, Jury, and Taylor, Bankruptcy Judges; Appeal from Hon. Patricia C. Williams
Stevenson v. Uttermohlen (In re Uttermohlen), Case No. 13-10289 (11th Cir. Aug. 9, 2013) (unpublished) (per curiam).
Ruling:
The United States Court of Appeals for the Eleventh Circuit affirmed the judgment of the United States District Court for the Middle District of Florida, and ruled that the debtor's right to a tax...
Hernandez v. Nebraska Department of Health & Human Services, Case No. 13-6010 (BAP 8th Cir., August 8, 2013)
Ruling:
The debt owed by the debtor to the Nebraska Department of Health & Human Services' ("DHHS") was in the nature of support for the debtor's child and, therefore, was a priority domestic support...
In re Gary E. Peel, No. 13-1547 (7th Cir. Aug. 2, 2013).
Ruling:
1) A non-lawyer can sign and file bankruptcy documents under Illinois law, since those tasks do not require legal knowledge or skill. 2) An ex-wife's claim to divorce settlement agreement...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 10 months ago
Citation:
Ah Quin v. County of Kauai Dep’t of Transp., No. 10-16000 (9th Cir. July 24, 2013)
Ruling:
Judicial estoppel does not bar a debtor from prosecuting an unscheduled cause of action if, when completing the schedules, the debtor lacked the subjective intent to conceal.
Judge(s):
Susan P. Graber, Jay S. Bybee, and Morgan Christen, Circuit Judges. Opinion by Judge Graber; dissent by Judge Bybee.
BAP No. CO-12-100, Appeal from U.S. Bankr. Ct., D. Colo., Case No. 12-20125
Ruling:
The BAP held that the appeal was not rendered moot by the abandonment of the property, and affirmed the bankruptcy court's order denying the debtors' claim of exemption. The BAP held that the...
Judge(s):
Michael, Jacobvitz, and Marker. Opinion by Hon. Joel T. Marker, U.S. Bankruptcy Judge, District of Utah.
Houston Bankruptcy Judge Marvin Isgur's order sanctioning a Seattle-based attorney for the attorney's pattern of ignoring Judge Isgur's prior rulings was AFFIRMED. The attorney represented a...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
12 years 10 months ago
Citation:
Leitch v. Christians (In re Leitch), No. 13-6009 (8th Cir. B.A.P. Jul. 16, 2013)
Ruling:
The BAP on de novo review AFFIRMED the Bankruptcy Court's determinations that: (1) the Debtor's health savings account ("HSA") was not excluded from the Debtor's bankruptcy estate pursuant to...
BAP No. AZ-12-1297-TaAhJu/Bk. No. 10-27593 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP vacated the Bankruptcy Court's order granting the trustee's motion for summary judgment denying the debtor's discharge and remanded for further proceedings.
