Sixth Circuit BAP affirmed Bankruptcy Court's order granting summary judgment for the creditor in a non-dischargeability case under Section 523(a)(6) determining that a jury verdict in U.S....
Judge(s):
Delk, Preston and Wise, Bankruptcy Appellate Judges
Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
BAP for 8th Circuit affirmed ruling of bankruptcy court (N.D. Iowa - Cedar Rapids) granting defendant's motion for summary judgment. BAP agreed that under Iowa law, administrative prior...
The Third Circuit Court of Appeals affirmed the District Court's ruling that the Debtor's late filed tax documents did not constitute returns under 11 U.S.C. § 523(a)(1)(B). Adopting the ruling...
Eight Circuit BAP affirmed ruling of bankruptcy court (W.D. Mo.-Jefferson City) denying debtor's claim of exemption in annuity under Missouri exemptions. Annuity, including income, was not exempt...
