A chapter 7 debtor retains her Washington state homestead exemption even if she moves out of the house after the filing of the bankruptcy case and does not re-occupy or file a declaration of...
Judge(s):
M. Margaret McKeown and Richard A. Paez, Circuit Judges, and William Horsley Orrick (N.D. Cal.; by designation)
Applying an abuse of discretion standard, the BAP held that the Bankruptcy Court did not err in awarding $54,877 in attorneys' fees to a party that successfully prosecuted an unopposed motion to...
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
The bankruptcy discharge injunction does not prevent a testator or settlor of a family trust from requiring that an amount equal to the discharged debt be treated as an advancement on an inheritance.
In affirming the district court's order denying a chapter 13 debtor's petition under the All Writs Act, which sought an order declaring certain actions taken in a state court foreclosure proceeding...
The BAP affirmed the bankruptcy court in full when the bankruptcy court ruled that the last judgment in time should be granted preclusive effect, even if the same court issued a prior inconsistent...
Affirming the BAP, the circuit court concluded that a retirement account (RA) was held as a tenancy by the entirety by the Debtor (DR) and his wife and thus properly exempt per Wyoming law, status...
Judge(s):
Timothy M. Tymkovich; Mary B. Briscoe; and Robert E. Bacharach
The facts were sufficient to show that the debtor willfully and maliciously harmed his former employer, supporting the bankruptcy court's determination that a judgment debt was nondischargeable...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's dismissal of the debtor's case for failures to file schedules and a plan, to turn over tax returns and financial documentation, and to...
