Taxpayer/Debtor filed IRS forms 1040 and 1099 which contained data sufficient to show the taxpayer was liable for certain backup-withholding taxes. Those forms constituted a "return" that began the...
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
The bankruptcy court erred by disqualifying proposed counsel for a creditors' committee based on the court's conclusion that the law firm's prior representation of a 50% shareholder of the debtor...
(1) Disbursements, for quarterly U.S. Trustee fee purposes, includes all payments made by the debtor, not just bankruptcy-related expenses. (2) The 2017 amendment that temporarily, but...
The Bankruptcy Appellate Panel determined that the Trustee's objection was correct; however, not for the reasons presented by the Trustee. The Debtors were not entitled to any Nevada exemption...
Judge(s):
Honorable Faris, Brand, and Gan, Bankruptcy Judges
Res judicata does not bar a plaintiff from suing his former attorneys based on statements they allegedly made to him in connection with a settlement approved by the bankruptcy court. Under the...
Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
Madison and Kantrow, Spaht, Weaver & Blitzer (the Firms) sued Leslie Fox to enforce the terms of the parties’ contingency fee agreement. Fox argued that the agreement was unenforceable because,...
