This decision is not recommended for publication and has no precedential value. Bankruptcy Code 11 U.S.C. §541 did not prevent members of an LLC from enforce the Transfer Restrictions in their...
In a per curiam opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found William Paul Burch (Debtor) to have raised no nonfrivolous issues on appeal and thus denied his motion to...
Judge(s):
Patrick E. Higginbotham; S. Kyle Duncan; and Charles R. Wilson
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Southern District of California (BC) that imposed $2,990 in fines and...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Robert J. Faris
The decision has no precedential value and is not recommended for publication. The B.A.P. for the Ninth Circuit ruled that the bankruptcy court for the District of Arizona did not abuse its...
Sixth Circuit affirmed U.S. District Court for the Northern District of Ohio grant of summary judgment in favor of Chapter 13 debtor’s former employer in civil lawsuit alleging violation of the...
The BAP for the 6th Circuit affirmed the bankruptcy court (W.D. Tenn.) which granted in part and denied in part the Debtor’s motion for contempt. The BAP ruled that the bankruptcy court did not...
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...
Judge(s):
Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa
Acknowledging that exemptions are to be liberally construed on behalf of debtors, the Sixth Circuit BAP affirmed the bankruptcy court decision disallowing the debtor's claimed homestead exemption...
Judge(s):
Bauknight, Dales and Gustafson; Opinion by Gustafson