An unambiguous loan modification agreement, signed by the husband and wife that jointly own the real estate, may modify a mortgage signed by the husband as owner of the real estate and the wife...
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
The BAP for the 6th Circuit affirmed the bankruptcy court (W.D. Tenn.) which granted in part and denied in part the Debtor’s motion for contempt. The BAP ruled that the bankruptcy court did not...
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
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
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
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...
Two judges of the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal by the U.S. District Court for the District of Minnesota (DC) of a complaint filed by Anders Rydholm...
Judge(s):
Ralph R. Erickson; Michael J.. Melloy; and Jonathan A. Kobes
