Summarized by Samuel Mushell , Americans United for Government Reform
13 years 2 weeks ago
Citation:
BAP NO. PR 12-075
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not...
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP...
Judge(s):
8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
13 years 3 weeks ago
Citation:
Docket No. 12-1632-bk (2nd Cir. May 8, 2013)
Ruling:
AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay...
Judge(s):
Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).
Court of Appeals AFFIRMED the District Court and Bankruptcy Court, largely relying on its precedent in In re Jennings, 670 F.3d 1329 (11th Cir. 2012), held that, notwithstanding original basis of...
In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)
Ruling:
AFFIRMATION by the First Circuit BAP of the bankruptcy court’s dismissal of the Debtor’s Chapter 13 case under 105(a) for failure to comply with bankruptcy court orders requiring filing of...
Judge(s):
Deasy, Kornreich, and Godoy, Bankruptcy Appellate Panel Judges
To have standing to assert a breach of contract action where the debtor seeks monies that allegedly constitute earnings for postpetition services that are exempt from property of the estate under ...
BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's...
Summarized by Mark Melickian , Raines Feldman Littrell LLP
13 years 1 month ago
Citation:
Case Nos. 12-1241 and 12-1255, 7th Cir. Court of Appeals (decided April 23, 2013)
Ruling:
Reversing the district court, the 7th Circuit panel agreed with the bankruptcy court (450 B.R. 858 (Bankr. W.D. Wis. 2011)) that IRA "retirement funds" lose their character once they are...
Judge(s):
Frank Easterbrook, Chief Judge; Joel Flaum, Circuit Judge; Ann Williams, Circuit Judge.
William Arthur Thomas, III v. Theresa M. Bender (In re Thomas); Case No.: 12-13936 (11th Cir. Apr. 16, 2013)(unpublished)(per curiam)
Ruling:
The Eleventh Circuit found no reversible error in lower court's holding that proceeds from a post-petition real estate sale arising from a pre-petition option contract constituted property of the...
