In this well-written opinion [author's opinion], the Eighth Circuit concluded that due process requires only that the debtor provide notice to "reasonably ascertainable," not "reasonably...
The Tenth Circuit affirmed the district court's dismissal of the appellant's RESPA claim because, on appeal, she did not argue that such dismissal was improper. The Court of Appeals reversed the...
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Minn - St. Paul) entering judgment on 523(a)(6) claim in favor of debtor. BAP found no error in bankruptcy court ruling that creditor failed...
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself.
NOTE: this is a narrow...
The Sixth Circuit reverses the imposition of sanctions by the bankruptcy court under Rule 9011 and 28 USC Sec. 1927 (but affirms the BAP), holding that Grusin did not file the debtors petition,...
3rd Circuit Court of Appeals vacated the District Court’s summary dismissal of Debtor’s pro se appeal, and remanded the case back to the District Court for it to articulate and explain the...
In a summary order, the Second Circuit Court of Appeals vacated the district court’s February 1, 2017 judgment, and remanded for further proceedings. The Second Circuit held that summary judgment...
Judge(s):
The Honorable Guido Calabresi; The Honorable Richard C. Wesley; and The Honorable Denny Chin
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s November 15, 2016 judgment, finding that five of the appellant’s arguments were meritless for the same...
Judge(s):
The Honorable José A. Cabranes; The Honorable Debra A. Livingston; and The Honorable Richard W. Goldberg of the United States Court of International Trade, sitting by designation.
