The BAP held that a standing trustee is entitled to collect the statutory fee under § 586(e) upon receipt of each payment under the Chapter 13 Plan and is not required to disgorge the fee if the...
Judge(s):
Honorable Lafferty, Spraker, and Gan, Bankruptcy Judges
Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...
Judge(s):
Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges
The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...
Judge(s):
Gibbons, Kethledge and Murphy; Opinion by Kethledge
The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...
The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
The U.S. Court of Appeals for the Fifth Circuit (Circuit) reversed an order of the district court (DC), which had vacated fees awarded by the bankruptcy court (BC) to the counsel of the debtor (DR)...
Judge(s):
Jennifer W. Elrod; Don R. Willett; and Kurt D. Engelhardt
The doctrine of derivative jurisdiction does not apply to removed cases where the state court lacked personal jurisdiction over the defendants. Under the doctrine, jurisdiction of the federal court...
The Court of Appeals vacated the bankruptcy court's approval of Gateway Radiology Consultants' (Debtor) motion to incur indebtedness, because the COA concluded that the Small Business...
