As had the immediately lower court, the U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the U.S, Bankruptcy Court for the Middle District of Florida (BC) not to...
Judge(s):
Robin S. Rosenbaum; Jill A. Pryor; and Britt Grant
Due to the lack of due process resulting from the debtors' failure to include a proper mailing address for a debt, no part of the creditor's claim was discharged under 11 U.S.C. § 727.
Judge(s):
Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai, Circuit Judges
The Ninth Circuit Court of Appeals affirmed the bankruptcy court's decision awarding fees to the chapter 13 debtor's attorney and modifying the chapter 13 plan to pay the fees, over the objection...
Judge(s):
CLIFTON and SANCHEZ, Circuit Judges, and KORMAN,** District Judge
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the United States Bankruptcy Court for the Northern District of Florida (BC) concluding that the individual...
Judge(s):
William H. Pryor Jr.; Jill A. Pryor; and Stanley Marcus
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...
The Eighth Circuit Court of Appeals held that a post-petition increase in the debtor's equity in property in excess of the applicable homestead exemption, that occurs prior to conversion of the...
The Ninth Circuit Court of Appeals upheld the Bankruptcy Appellate Panel and bankruptcy court's summary judgment in favor of the government in a chapter 7 debtor's adversary proceeding to determine...
The U.S. Court of Appeals for the Eighth Circuit (Circuit) dismissed the appeals of the memorandum and order of the United States District Court for the Northern District of Iowa (DC) by two...
Circuit Court affirmed the lower courts' dismissal of pro se debtor's adversary proceeding which sought to discharge her student loans for failure to timely effectuate service on the United States...
Because the Debtor's own actions and statements to his creditor obscured the applicability of the discharge order from his prior bankruptcy - which did not list or disclose the debtor's debt owed...
