For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
Sixth Circuit upheld District Court's order dismissing consumer's complaint as follows: (i) under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as it did not apply to the defendant...
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Chapter 7 Trustee was entitled to turnover of debtor’s residential property, and could evict debtor from the property, under § 542(a) inasmuch as “there[] [was] ample evidence demonstrating...
Chapter 7 discharge barred trustee of trustee from seeking to collect on debts owed to the trustee of an estate planning trust in his individual capacity, but did not prohibit the trustee, in his...
Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...
