In re Gelb, Case No. 12-1086 (B.A.P. 9th Cir. Mar. 29, 2013) (not for publication)
Ruling:
The B.A.P. affirmed the bankruptcy court's decision. First, the B.A.P. held that neither a parent nor a guardian ad litem may bring an action on behalf of a minor child without retaining a lawyer....
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 1 month ago
Citation:
AZ-11-1670
Ruling:
Ninth Circuit BAP affirmed the Bankruptcy Court for the District of Arizona. The Debtor argued in the Bankruptcy Court that two judgments for fees awarded to his ex-wife were void because at a...
Rivera v. ASUME (In re Rivera), No. 12-00341-ESL (B.A.P. 1st Cir. Feb. 19, 2013).
Ruling:
The B.A.P. AFFIRMED the denial of the U.S. Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") for relief from the order dismissing the debtor's chapter 13 case and...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
13 years 1 month ago
Citation:
No. 12-30525 (5th Cir. Feb. 6, 2013)
Ruling:
Debts incurred by debtor to former spouse for money loaned to debtor both before and during marriage were non-dischargeable pursuant to 11 U.S.C. Sec. 523(a)(15) because the divorse decree stated...
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 Robert Miller , University of South Dakota, Knudson School of Law
13 years 5 months ago
Citation:
Suhar v. Bruno (In re Neal), Case No.11-8081 (B.A.P. 6th Cir. Sept. 28, 2012)
Ruling:
The Panel found that the Debtor's assumption of the marital credit card debt of the Debtor and the Defendant, as part of a separation agreement, should not impact whether the Debtor received...
Judge(s):
Judge Preston authored the opinion of the court and she was joined by Judge McIvor and Judge Emerson.
Taylor v. Taylor (In re Taylor), No. NM-11-103, NM-11-107 (B.A.P. 10th Cir. Sept. 5, 2012)
Ruling:
Affirming the bankruptcy court, the Tenth Circuit BAP found that the obligation to refund an overpayment of spousal support is not dischargeable under 11 U.S.C. § 523(a)(15). The plain and...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 7 months ago
Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Shirley v. Smith (In re Shirley) Case No. 12-6012 (B.A.P. 8th Cir. June 15, 2012)
Ruling:
Under the Iowa Homestead statute, moving over two miles and declaring a new homestead is not a change in the limits of the homestead, and will not serve to extend the old homestead's exemption to...