Home » Personal Bankruptcy Topics » Family/Divorce Issues

Brian Lerbakken v. Sieloff and Associates, P.A.

Citation:
18-3415 (8th Circuit, Feb 07,2020) Published
Case Status:
Affirmed
Ruling:
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
Judge(s):
COLLOTON, WOLLMAN, and BENTON
Tag(s):

U.S. Department of Education v. Carlos Carrion, Jr. (In re Carrion, Jr.)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 9 months 4 weeks ago
Citation:
No. SC-18-1234-FBKu (9th Circuit, May 31,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court misapplied California law. Debtor remained liable for the entire amount of his own educational loan debt even though he agreed to a 50-50 division of the debt with his ex-wife in...
Judge(s):
Faris, Brand, Kurtz
Tag(s):

Wohleber v. Skurko & Gentile (In re Wohleber)

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 1 year 3 weeks ago
Citation:
18-8008 (6th Circuit, Mar 04,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...
Judge(s):
HARRISON, HUMPHREY, and OPPERMAN
Tag(s):

Brace v. Speier (In re Brace)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 year 1 month ago
Citation:
No. CC-18-1172-LSTa, 2019 WL 167783 (9th Circuit, Jan 11,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Bankruptcy court correctly found debtor in contempt for a willful stay violation because debtor knew of the automatic stay and acted intentionally to violate it.
Judge(s):
Lafferty, Spraker, Taylor
Tag(s):

IN RE: BOYCE

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 year 2 months ago
Citation:
BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

LANE v BUCKLEY

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 4 months ago
Citation:
No. 17-8079 (10th Circuit, Nov 06,2018) Not Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed summary judgment entered by district court (D. Wyo.) against plaintiff on claims for rescission, restitution, fraudulent transfer, and breach of contract. Plaintiff waived...
Judge(s):
Tymkovich, McKay, Matheson
Tag(s):

IN RE: BRACE, JR.

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 4 months ago
Citation:
No. 17-60032 (9th Circuit, Nov 08,2018) Published
Case Status:
Dismissed
Ruling:
9th Cir. certified question for California Supreme Court regarding conflicting presumptions in real property ownership related to community property and title in deed. Community property...
Judge(s):
Callahan, Nguyen, Ezra
Tag(s):

Henry v. Danielson

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 8 months ago
Citation:
CC-17-1249-TaLLs (9th Circuit, Jun 27,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed chapter 13 debtor's appeal of unspecified "orders" based on lack of jurisdiction. Debtor's pro se notice of appeal referenced various orders from prior to date of notice,...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Brown v. Barclay

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 10 months ago
Citation:
BAP No. SC-17-1068-AKuS (9th Circuit, May 21,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed summary judgment entered by bankruptcy court (SD Cal.) in favor of plaintiff-chapter 7 trustee avoiding debtor's postpetition transfer of inheritance proceeds to his...
Judge(s):
Alston, Kurtz, Spraker
Tag(s):

Murtaza v. Slaten (in re Murtaza)

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 11 months ago
Citation:
BAP No. CC-17-1153-SKuTa (9th Circuit, Apr 02,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

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