Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...
Court of Appeals for the Sixth Circuit reserved decision of Bankruptcy Court for the Northern District of Ohio, which discharged debt related to civil judgment for willful and malicious injury...
Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...
1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
Judge(s):
FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
In a perplexing ruling regarding a court's ability to enforce the discharge injunction, the Fifth Circuit ruled that only a court in the district that issued the discharge could enforce the...
