Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show...
Gordon v. Pappalardo (In re Gordon), BAP No. 12-060 (BAP 1st Cir. March 13, 2013) (for publication
Ruling:
In this appeal by a debtor in her chapter 13 case, the Bankruptcy Appellate Panel for the First Circuit (the "BAP") affirmed, after de novo review, the bankruptcy court’s order sustaining the...
Judge(s):
Haines, Tester, and Godoy,
United States Bankruptcy Appellate Panel Judges
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling:
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was...
Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)
Ruling:
A debtor can convert cash proceeds from the sale of his home to non-cash property and such non-cash property retains its character as proceeds of the homestead for exemption purposes under...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation).
Judge Barry G. SIlverman wrote the opinion on behalf of the panel. Pursuant to Fed. R. App. P. 34(a)(2), the panel unanimously determined that no oral argument was needed in this case. Even...
Judge(s):
Alex Kozinski, Chief Judge; Barry G. Silverman, Circuit Judge; and Jed S. Rakoff, Senior District Judge.
The BAP affirmed the order of the bankruptcy court concluding that the debtor had abandoned the subject property as his homestead and, therefore, was not permitted to claim a homstead exemption in it.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 3 months ago
Citation:
AZ-11-1670
Ruling:
Ninth Circuit BAP affirmed the Bankruptcy Court for the District of Arizona. The Debtor argued in the Bankruptcy Court that two judgments for fees awarded to his ex-wife were void because at a...
Rivera v. ASUME (In re Rivera), No. 12-00341-ESL (B.A.P. 1st Cir. Feb. 19, 2013).
Ruling:
The B.A.P. AFFIRMED the denial of the U.S. Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") for relief from the order dismissing the debtor's chapter 13 case and...
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
13 years 3 months ago
Citation:
In re Jean (Jean v. SunTrust Bank), Case No. 12-13333 (11th Cir. February 13, 2013) (unpublished) (per curiam).
Ruling:
Whether the automatic stay comes into effect upon the filing of a bankruptcy petition does not hinge on whether two cases have been filed within the year, but rather, whether two cases have been...
U.S. v. Turner, No. 12-14354 (11th Cir. Feb. 12, 2013)
Ruling:
Under the sentencing guidelines, a higher loss led to a higher sentence. The Debtor argued that the loss here was $28,500 because he actually used some of the $40,000 to satisfy the mortgagee. ...
