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 Eleventh Circuit held that a jury should decide whether Losch's claims that Experian negligently, but not willfully, violated the Fair Credit Reporting Act by failing to take reasonable...
A bankruptcy court's authority to enforce its own orders gives the court power to dismiss a bankruptcy petition, and to deny the debtor a discharge, if the debtor willfully fails to comply with the...
The bankruptcy court’s factual determinations are supported by the record and Tracey Nubia (“Debtor”) has not shown that the court clearly erred in valuing her residence.
Judge(s):
Honorable Gan, Klein and Taylor, Bankruptcy Judges (Hon. Christopher M. Klein sitting by designation)
Affirming the U.S. Bankruptcy Court for the District of Massachusetts (BC), the U.S. Court of Appeals for the First Circuit (Circuit) for the first time formally extended its preexisting...
Judge(s):
Jeffrey R. Howard; Kermit V. Lipez; and Ojetta Rogeriee Thompson
The BAP affirmed the decision to allow the UST leave to amend the complaint, because the amended complaint related back to the original complaint under FRBP 7015. The additional objection to...
BAP for 8th Circuit affirmed ruling of bankruptcy court (WD Missouri - KC) denying debtors' motions for (1) sanctions against attorney for creditor; (2) to alter or amend the order denying the...
The bankruptcy court did not abuse its discretion by relying exclusively on the schedules to calculate chapter 13 Debtor's eligibility. The BAP also rejected Appellant’s argument that the...
Judge(s):
Honorable Spraker, Gan, and Faris, Bankruptcy Judges
The 9th Circuit BAP affirmed the bankruptcy court's orders striking the debtor's answer as a sanction for failure to comply with the court's order to show cause and entry of a default judgment...
