Alleged credit reporting "inaccuracy" asserted to be violation of FCRA -- that student loan at issue was reported on credit report notwithstanding plaintiff's bankruptcy -- did not constitute such...
Judge(s):
Lohier, Carney, and Nathan, Circuit Judges (Opinion by Nathan, Circuit Judge)
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...
A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...
The bankruptcy court properly approved a compromise between the Chapter 7 trustee and a creditor. The bankruptcy court is not required to make extensive or detailed findings of fact before...
The bankruptcy court did not abuse its discretion by admitting evidence of the state court's judgment as preclusive in an adversary proceeding nor commit clear error by finding that such evidence...
This decision has no precedential value. The BAP affirmed the Bankruptcy court's holding that the Debtor could not claim the California automatic homestead exemption on property she did not...
This decision is not recommended for publication and has no precedential value. Bankruptcy Code 11 U.S.C. §541 did not prevent members of an LLC from enforce the Transfer Restrictions in their...
In a per curiam opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found William Paul Burch (Debtor) to have raised no nonfrivolous issues on appeal and thus denied his motion to...
Judge(s):
Patrick E. Higginbotham; S. Kyle Duncan; and Charles R. Wilson
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand