First, a motion for “reconsideration” under Fed. R. Civ. P. 59 or 60 does not toll the 14-day deadline for filing an appeal under Fed. R. Bankr. P. 8002(b). Second, since the discharge in...
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
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,...
