Turpen v. Rouse, No. 12-6039 (BAP 8th Cir. November 2, 2012)
Ruling:
The court affirmed the bankruptcy court's ruling which held that Mo.Rev.Stat 513.440 does not provide an exemption for children who are not related - either biologically or through adoption - to...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 7 months ago
Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
Anderson v. Cranmer (In re Cranmer) Case No. 12-4002 (10th Cir. Oct. 24, 2012)
Ruling:
Social Security income need not be included in the calculation of projected disposable income for a Chapter 13 repayment plan. Not including Social Security income in the calculation of projected...
The Court of Appeals for the Eleventh Circuit affirmed the order entered by the bankruptcy court and upheld on appeal by the District Court for the Southern District of Florida which suspended an...
U.S. v. Colasuonno, Case No. 11-1188 (2nd Cir. Oct. 12, 2012)
Ruling:
Section 362(b)(1) of the Code excepts from the stay "the commencement or a continuation of a criminal action or proceeding against the debtor." In a matter of first impression for this court, the...
Williams & Wyse v. King, No. 12-6014 (BAP 8th Cir. 2012)
Ruling:
The 8th Circuit B.A.P. affirmed an Order of the Bankruptcy Court for the Western District of Missouri denying a motion to reconsider an Order awarding sanctions and directing a creditor to dismiss...
Judge(s):
8th Cir BAP: Kressel, Schermer, and Nail; U.S. Bankruptcy Judge for the Western District of Missouri: Dennis R. Dow.
The court held that, pursuant to the applicable provisions of Missouri's Uniform Commercial Code ("UCC"), SunTrust was a negotiable instrument and, therefore, Suntrust was allowed to enforce it and...
Santiago v. Rivera (In re Santiago), BAP No. PR 11-075 (1st Cir. BAP Sep. 26, 2012) (for publication)
Ruling:
The First Circuit Bankruptcy Appellate Panel REVERSED the ruling of the bankruptcy court, finding that anticipated tax refunds for pre-petition earnings or losses are property of the estate under...
Judge(s):
Boroff, Deasy, and Bailey, United States Bankruptcy Appellate Panel Judges
United States Bankruptcy Appellate Panel for the First Circuit, No. PR 11-074, September 26, 2012
Ruling:
As a threshold matter, the BAP ruled that all tax refunds received by a Chapter 13 debtor are property of the estate whether pursuant to 11 U.S.C. sec. 541(a), to the extent they are rooted in...
Abdul-Rahim v. LaBarge (In re Abdul-Rahim), No. 12-6037 (BAP 8th Cir. 2012)
Ruling:
8th Circuit BAP affirmed US Bankruptcy Court for the Eastern District of Missouri's ruling denying Chapter 13 debtors' exemption claimed in an unliquidated personal injury tort claim. The panel...
