Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
13 years 1 month ago
Citation:
Newman v. Schwartzer (In re Newman), --B.R.-- (9th Cir. B.A.P. February 4, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court holding that, although the Debtor had spent a tax refund prior to the entry of an order for...
Summarized by Samuel Mushell , Americans United for Government Reform
13 years 1 month ago
Citation:
Bankruptcy Case No. 11-17703-WCH
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the Massachusetts Bankruptcy Court's granting of summary judgment in favor of the Chapter 7 trustee, allowing him to preserve an...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 1 month ago
Citation:
Van Daele Bros., Inc. v. Thoms (In re Thoms), No. 12-1161 (8th Cir. Feb. 4, 2013) (unpublished opinion)
Ruling:
The 8th Circuit Court of Appeals, AFFIRMING the 8th Circuit BAP and N.D. of Iowa Bankruptcy Court, ruled there was no clear error in the Bankruptcy Court’s finding that the creditor failed to...
Summarized by George Spathis , Horwood Marcus & Berk Chartered
13 years 2 months ago
Citation:
No. 12-2777 (7th Cir. January 28, 2013)
Ruling:
A checking account consitutues "personal property" that reamins within the "control" of the account's holder, and therefore subject to a citation lien under Illinois law. This is consistant with...
Judge(s):
EASTERBROOK, Chief Judge, HAMILTON, Circuit Judge, and MILLER, District Judge for the Northern District of Indiana, sitting by special designation.
Summarized by Samuel Mushell , Americans United for Government Reform
13 years 2 months ago
Citation:
11-10672-FJB (unpublished)
Ruling:
The Bankruptcy Appellate Panel for the 1st Circuit affirmed a Massachusetts Bankruptcy Court's ruling, which held that a creditor's untimely filing of a motion objecting to discharge had lapsed....
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
1. The district court did not err in concluding that the appeals of bankruptcy court orders were untimely. Orders re-converting case into chapter 13 proceeding were final when chapter 13 case was...
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Steffen v. Menchise (In re Steffen), Case No. 11-15757 (11th Cir. Dec. 11, 2012) (unpublished) (per curiam)
Ruling:
AFFIRMING the district court and the bankruptcy court, the Eleventh Circuit Court of Appeals held that the order dismissing the debtor's chapter 7 case conditioned upon the satisfaction of certain...
Summarized by Aletheia Allen , New Mexico Court of Appeals
13 years 3 months ago
Citation:
RES-GA Mem'l, LLC v. Foah (In re Foah), VAP Case No. NM-12-019 (10th Cir. B.A.P. Dec. 3, 2012)
Ruling:
AFFIRMING the Bankruptcy Court's order granting summary judgment in the Debtor's favor, and holding that the New Mexico exemption statute does not require a life insurance policy's insured to be a...
Judge(s):
Thurman, Chief Judge; Brown, Judge (author); and Somers, Judge.
