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
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
The Tenth Circuit Court of Appeals affirmed the District Court of Kansas's grant of summary judgment against Kauli Saili Jr, (the "Plaintiff"), holding that judicial estoppel prevented the...
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order dismissing the pro se debtor’s complaint for lack of jurisdiction in her reopened bankruptcy case. The Panel agreed with...
There is no bright-line rule providing that only purely factual or transcription errors in a consumer credit report, as opposed to “legal errors”, are actionable under the FCRA, and no...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Central District of California granting summary judgment excepting the debt...
Judge(s):
William J. Lafferty III; Robert J. Faris; and Gary A. Spraker
