A bankruptcy court's holdings in a dischargeability adversary proceeding between a creditor and the debtor are not binding on the debtor's chapter 7 trustee unless the trustee is made a party to...
Judge(s):
REENA RAGGI, GERARD E. LYNCH, MICHAEL H. PARK, Circuit Judges.
In addition to providing an excellent summary of the legal standards for dischargeability and discharge under 11 U.S.C. §§ 523 and 727, the Court of Appeals reversed the bankruptcy court's...
Seeking to clarify the Rooker-Feldman doctrine, the Third Circuit explained that the Rooker-Feldman doctrine applied to preclude federal courts, other than the Supreme Court, from entering any...
The US Court of Appeals for the Tenth Circuit upheld lower court rulings that no portion of Jose Garcia-Morales’ $1,455 federal income tax refund, which was based on a refundable child tax...
In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
The Eleventh Circuit affirmed the bankruptcy court’s denial of the chapter 13 trustee’s motions to modify two debtors’ plans. The Circuit held that while the trustee’s proposed...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court's affirmation of the bankruptcy court’s denial of Trustee’s motions to modify confirmed chapter 13 bankruptcy plans...
The U.S. Court of Appeals for the 9th Circuit affirmed the Bankruptcy Appellate Panel’s (BAP) reversal of the bankruptcy court's decision finding that Creditor’s claims were nondischargeable....
The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed the United States Bankrutpcy Court for the District of South Dakota's dismissal of a pro se Chapter 13 petition...
The U.S. Court of Appeals for the Second Circuit upheld a bankruptcy court's summary judgment ruling against a debtor, denying him a discharge pursuant to 11 U.S.C. §727(a)(3). The bankruptcy...
