Under Arizona state law, a debtor is permitted to exempt the cash surrender value of life insurance policies and an annuity contract even if the beneficiary is not a dependent of the debtor.
Judge(s):
Alex Kozinski, Chief Judge, M. Margaret McKeown and N. Randy Smith, Circuit Judges
Summarized by David Baker , Law Office of David G. Baker
13 years 9 months ago
Citation:
BAP No. NH 11-084
Ruling:
Affirming the bankruptcy court, the BAP held that (1) student loan creditor was bound by bankruptcy court’s determination (after an evidentiary hearing on debtor’s objection to claim that the...
Judge(s):
BAP Judges Hillman, Feeney and Hoffman. Decision authored by Hoffman
In re Messina, No. 11-1426 (3rd Cir. Aug. 6, 2012)
Ruling:
The Third Circuit found that Schwab v. Reilly, 130 S. Ct. 2652 (2010) modified Taylor v. Freeland & Kronz, 503 U.S. 638 (1992) so that Bankruptcy Rule 4003's 30-day time limit now only applies to...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 10 months ago
Citation:
United States Court of Appeals for the 11th Circuit, Case No. 11-13115 The case was decided on March 22, 2013, and will be published.
Ruling:
The District Court ruled that an annuity purchased by the Debtor with inherited funds one year before filing bankruptcy was exempt as an “annuity” under the Georgia bankruptcy exemption...
Foellmi v Ries (In re Foellmi), Case No. 12-6003, ---B.R. ---- (8th Cir. B.A.P. July 31, 2012)(slip opinion) (Venters, J.)
Ruling:
REVERSING the Bankruptcy Court, the BAP analyzed Minn. Stat § 550.37, Subd. 24 using the Supreme Court’s instructions on how to interpret 11 U.S.C. § 522(d)(10)(E), which deals with nearly...
Judge(s):
Federman, Venters, and Saladino, Bankruptcy Appellate Panel Judges
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 10 months ago
Citation:
Hopkins v. Asset Acceptance LLC (In re Salgado-Nava), No. ID-11-1389-MkHJu, --- B.R. --- (B.A.P. 9th Cir. July 25, 2012)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit BAP held that under 11 U.S.C. § 330(a)(7), absent extraordinary circumstances, bankruptcy courts should approve chapter 7, 12 and 13 trustee fees...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 10 months ago
Citation:
U. S. v. Coney, Case No. 11-30387(5th Cir. July 24, 2012)
Ruling:
The chapter 7 discharge that was issued in favor of the defendants did not discharge their tax obligations because the debtors' conduct violated Sec. 523(a)(1)(C)("A discharge under Section 727 . ....
Bucher v. Dakota Finance Corporation (In re Whitaker), Case No. 12-6004, --- F.3d --- (B.A.P. 8th Cir. July 19, 2012) (slip opinion) (Federman, J.)
Ruling:
AFFIRMING the bankruptcy court’s orders dismissing trustees’ adversary proceedings against a tribe and its subsidiary, the Bankruptcy Appellate Panel for the Eighth Circuit held that both the...
The 11th Circuit Court of Appeals REVERSED the district court order and reinstated the bankruptcy court judgment that a transfer was not avoidable because the debtor did not have control of the...
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.);
B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
