Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...
Judge(s):
Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...
Judge(s):
Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa
In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
Acknowledging that exemptions are to be liberally construed on behalf of debtors, the Sixth Circuit BAP affirmed the bankruptcy court decision disallowing the debtor's claimed homestead exemption...
Judge(s):
Bauknight, Dales and Gustafson; Opinion by Gustafson
A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
A series of errors by the trustee's attorney led the BAP to hold that the relation back doctrine found in Fed. R. Civ. P. 15(c) did not save the trustee's adversary proceeding. The original...
11 U.S.C. § 1327(a), as applied in the Seventh Circuit under Holstein v. Brill, 987 F.2d 1268 (7th Cir. 1993), and In re Chappell, 984 F.2d 775, 782 (7th Cir. 1993), does not bar creditors from...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the plaintiff creditor on his section 523(a)(6) claim against the defendant...
Bankruptcy court may consider the results obtained by professionals in awarding fees under 11 U.S.C. Sec. 330(a)(3), even though it is not listed as a factor in the statute. The use of "including"...
Judge(s):
Gilman, Stranch and Nalbandian, authored by Nalbandian
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the ruling of the U.S. Bankruptcy Court for the Central District of California (BC) that found no bankruptcy court jurisdiction...
Judge(s):
William J. Lafferty III; Gary A. Spraker; and Laura S. Taylor
