The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees...
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
Ruling:
Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).
Ruling:
In the bankruptcy context, attorney’s fees awarded relating to a child support case constitutes a priority, non-dischargeable domestic support obligation under 11 U.S.C. § 507(a)(1).
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). ...
Judge(s):
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling:
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised...
Summarized by Jeffrey Coe , Mesch Clark Rothschild
9 years 7 months ago
Citation:
Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)
Ruling:
The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the...
Zeddun v. Griswold (In re Wierzbicki), Case No. 16-1334 (7th Cir. July 27, 2016).
Ruling:
Promising not to pursue essentially meritless litigation is not reasonably equivalent value when exchanged for an interest in a farm valued at $151,000.00 and the benefit of avoiding further family...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
9 years 9 months ago
Citation:
State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)
Ruling:
Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt...