The U.S. Court of Appeals for the Second Circuit held a district court erred in granting a summary judgment to a plaintiff and affording preclusive effect to the plaintiff's unchallenged proof of...
In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed a bankruptcy court's judgment that a debtor could discharge a $96k private student loan debt owed to the Bank/Appellant....
The Eighth Circuit affirmed the bankruptcy court’s dismissal of Debtors’ case; however, it reversed the bankruptcy court’s decision barring Debtors from filing another case for a year. The...
The U.S. Court of Appeals for the Eleventh Circuit upheld a bankruptcy court's order denying a creditor's motion to extend the deadline to file a non-dischargeability complaint. Its "prior panel...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court’s affirmation of the bankruptcy court’s decision finding debts from judgments for false imprisonment, due to willful...
The Eleventh Circuit affirmed the bankruptcy court’s denial of the chapter 13 trustee’s motions to modify two debtors’ plans. The Circuit held that while the trustee’s proposed...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court's affirmation of the bankruptcy court’s denial of Trustee’s motions to modify confirmed chapter 13 bankruptcy plans...
The U.S. Court of Appeals for the 9th Circuit affirmed the Bankruptcy Appellate Panel’s (BAP) reversal of the bankruptcy court's decision finding that Creditor’s claims were nondischargeable....
The U.S. Court of Appeals for the 8th Circuit found that the district court erred by declining to dismiss Debtor’s appeal as statutorily moot. Parties must stay the sale of a bankruptcy...
