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...
A creditor, including a federal agency (here, the Social Security Administration), may recoup amounts overpaid to a debtor after the debtor has received a bankruptcy discharge if the agency's claim...
A debtor is not entitled to recover attorneys fees from the United States Trustee's Office (UST) under the Equal Access to Justice Act (EAJA) when the UST withdraws a motion to dismiss the...
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the judgment of the circuit's Bankruptcy Appellate Panel (BAP) concluding that it lacked jurisdiction over appeals of orders of...
Judge(s):
Joel M. Carson III; Allison H. Eid; and Veronica S. Rossman
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit discerned no error in the orders of the U.S. Bankruptcy Court for the District of Oregon (BC) overruling the objections of Rita K....
Judge(s):
Frederick P. Corbit; Robert J. Faris; and Julia W. Brand
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the findings of the U.S. Bankruptcy Court
for the Central District of California (BC) that Michael Eugene Reznick (RZ), an...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
