Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 3 months ago
Citation:
U.S. v. Kurlemann, Case Nos. 11-3394/3544/3397 (6th Cir. Feb. 13, 2013)
Ruling:
The Sixth Circuit affirmed defendant's bankruptcy fraud convictions, and reversed his false statements conviction and remanded the false statements charges for retrial. The Sixth Circuit did not...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
13 years 3 months ago
Citation:
In re Finney, No. NV-12-1032-DJuKi (9th Cir. B.A.P. Feb. 6, 2013).
Ruling:
Because the chapter 13 debtor received a chapter 7 discharge in a prior case commenced during the four-year period before the current petition date, she was not entitled to a discharge in the...
Judge(s):
BAP Judges Dunn, Jury, and Kirscher; opinion by Judge Dunn.
Williamson v. Westby (In re Westby), Case No. 11-40986 (10th Cir. B.A.P. Feb. 4, 2013)
Ruling:
Affirming the bankruptcy court, the Tenth Circuit BAP held that a Kansas statute exempting tax refunds attributable to the Earned Income Credit for bankruptcy debtors is constitutional. The BAP...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
13 years 3 months ago
Citation:
Newman v. Schwartzer (In re Newman), --B.R.-- (9th Cir. B.A.P. February 4, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court holding that, although the Debtor had spent a tax refund prior to the entry of an order for...
Summarized by Samuel Mushell , Americans United for Government Reform
13 years 3 months ago
Citation:
Bankruptcy Case No. 11-17703-WCH
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the Massachusetts Bankruptcy Court's granting of summary judgment in favor of the Chapter 7 trustee, allowing him to preserve an...
The decision of the bankruptcy court was affirmed. The debtor cannot claim a homestead exemption pursuant to Ohio state law in a home that is owned by an LLC of which the debtor holds the sole...
Eight Circuit Court of Appeals, No. 11-3523 (January 11, 2013)
Ruling:
Where the debtor failed to assert an exemption in an asset prior to a hearing to consider a motion filed by the chapter 7 trustee for approval of a global settlement of the asset, the bankruptcy...
REVERSING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that the debtor was not entitled to avoid a judicial lien encumbering the debtor's real property under 11 U.S.C. §...
In re Little, No. MW 12-029 (B.A.P. 1st Cir. Jan. 4, 2013).
Ruling:
Affirming the United States Bankruptcy Court for the District of Massachusetts (the "bankruptcy court"), the Bankruptcy Appellate Panel for the First Circuit (the "BAP") held that the bankruptcy...
