Looking to federal criminal cases for guidance as to what constitutes possession or control, property fraudulently transferred during a Chapter 13 case can be recovered by a Chapter 7 trustee after...
Judge(s):
Mary M. Schroeder, Michelle T. Friedland,and Ryan D. Nelson
BAP for 8th Cir. affirmed ruling of bankruptcy court (WD Missouri-KC) dismissing couple's chapter 13 cases for serial, abusive filing. Couple had maintained possession of residence for over eight...
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
BAP for 9th Cir. affirmed bankruptcy court (CD California) order dismissing chapter 13 case based on serial filer's bad faith attempts to hinder and delay secured creditor's foreclosure on...
9th Cir. BAP affirmed ruling of bankruptcy court (ED Cal.) granting creditor's remand of unlawful detainer action to state court, after chapter 13 debtor removed it to bankruptcy court. Removal was...
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...
