The Education Resources Institute v. Zumbro (In re Zumbro), Case No. 13-11868 (11th Cir. Oct. 3, 2013) (unpublished).
Ruling:
The Eleventh Circuit Court of Appeals held that the district court properly affirmed the bankruptcy court’s order determining that student loans co-signed by the debtor were dischargeable.
The Bankruptcy Appellate Panel of the Ninth Circuit AFFIRMED the bankruptcy court, holding that the bankruptcy court (I) did not abuse its discretion in applying section 502(c)(1) to estimate a...
Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein), BAP No. CO-13-017 (10th Cir. BAP October 15, 2013)
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's (District of Colorado) denial of Chapter 7 debtor's motion for extension of time to file a notice of appeal. The BAP ruled that debtor failed to...
BAP No. NC-12-1425-JuTaPa, appealed from Bk. No. 12-42231-WJL
Ruling:
BAP affirmed bankruptcy court ruling that ex-wife creditor's $245,000 claim against her Chapter 13 Debtor ex-husband was not entitled to priority under 11 USC section 507(a)(1)(A), but rather was a...
Hernandez v. Nebraska Department of Health & Human Services, Case No. 13-6010 (BAP 8th Cir., August 8, 2013)
Ruling:
The debt owed by the debtor to the Nebraska Department of Health & Human Services' ("DHHS") was in the nature of support for the debtor's child and, therefore, was a priority domestic support...
In re Gary E. Peel, No. 13-1547 (7th Cir. Aug. 2, 2013).
Ruling:
1) A non-lawyer can sign and file bankruptcy documents under Illinois law, since those tasks do not require legal knowledge or skill. 2) An ex-wife's claim to divorce settlement agreement...
Summarized by David Baker , Law Office of David G. Baker
12 years 9 months ago
Citation:
BAP No. MW12-091
Ruling:
BAP REVERSED and remanded, holding that post-petition divorce court orders for alimony did not violate the automatic stay in a chapter 13 case, but when the debtor was found in contempt and...
Goddard v. Heldt, Gill, & Gill (In re Heldt), Case No. 12-6027 (10th Cir. May, 14, 2013)
Ruling:
The 10th Cir. affirmed the U.S. District Court and U.S. Bankruptcy Court (W.D. Okla.) in dismissing Ch. 7 trustee's claim to avoid as fraudulent debtor's transfer of title to sister in mother's...
The BAP affirmed the decision of the bankruptcy court that the debtor's prepetition alimony award was property of her bankruptcy estate, subject to any exemptions the debtor may have under South...
