Affirming the judgment of the District Court for the Western District of Louisiana (“the DC”), the Fifth Circuit held that a bankruptcy court may sua sponte convert a debtor’s Chapter 13...
Judge(s):
Higginbotham, Owen, and Southwick, Circuit Judges.
Summarized by Samuel Mushell , Americans United for Government Reform
13 years 5 months ago
Citation:
11-10672-FJB (unpublished)
Ruling:
The Bankruptcy Appellate Panel for the 1st Circuit affirmed a Massachusetts Bankruptcy Court's ruling, which held that a creditor's untimely filing of a motion objecting to discharge had lapsed....
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
In re Miller, Case No. 12-9008 (B.A.P. 6th Cir. December 27, 2012) (limited precedential effect pursuant to 6th Cir. BAP LBR 8013-1(b))
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit (the “BAP”) held that the appellants, a chapter 7 debtor and his heir, were not “persons aggrieved” by the bankruptcy court’s order...
Judge(s):
Emerson, Fulton, and Preston, Bankruptcy Appellate Panel Judges
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 5 months ago
Citation:
Green v. Zukerkorn (In Re Zukerkorn), Bankruptcy No.: 10-13626, BAP No.: NC-11-1506-JuKiJo
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy Court denial of Chapter 7 Trustee's Motion to Compel turnover of all or some of a spendthrift trust as part of the Bankruptcy...
Judge(s):
Presiding Bankruptcy Judge Alan Jaroslovsky, Judge Jury, Judge Johnson
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 5 months ago
Citation:
2012 WL 6621185
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's decision excepting the bank's debt from discharge finding that the Bankruptcy Court correctly used the reasonable reliance standard in...
Judge(s):
Kressel, Schermer, Nail. Decision written by Judge Nail.
Heritage Pacific Financial, LLC v. Machuca (In re Machuca), -- B.R. -- (B.A.P. 9th Cir. Dec. 14, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court awarding the debtor Raul Machuca, Jr. ("Machuca") attorneys' fees under 11 U.S.C. § 523(d)....
Judge(s):
The Honorable Bruce A. Markel, the Honorable Eileen W. Hollowell, and the Honorable Jim D. Pappas, Bankruptcy Judges.
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
13 years 5 months ago
Citation:
Witcher v. Early (In re Witcher), Case No. 11-15883 (11th Cir. Dec. 13, 2012)
Ruling:
The Eleventh Circuit held that a bankruptcy court may properly consider a debtor's ability to pay his or her debts as part of the totality-of-the-circumstances test set forth in 11 U.S.C. Section...
