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
Having previously treated Bankruptcy Rule 8002(a)(1)'s appellate deadline as jurisdictional, the Sixth Circuit here held it to be mandatory. The panel pointed to Supreme Court cases limning the...
Judge(s):
Jeffrey S. Sutton; Deborah L. Cook; and Helene N. White
Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
The Court of Appeals for the Eleventh Circuit (COA) affirmed the U.S. District Court’s decision to deny the motion to dismiss for lack of personal jurisdiction. However, the COA reversed the...
Ninth Circuit affirmed District Court (D. Nev.) grant of summary judgment in favor of defendant. The COA held that a violation under the Fair Credit Report Act (FCRA), 15 U.S.C. Sec. 1681(a)(3)(A)...
Judge(s):
Richard A. Paez, Carlos T. Bea, Lynn S. Adelman (District Judge sitting by appointment)
The BAP affirmed the bankruptcy court’s denial of confirmation and decision to disallow vehicle operation expense over the value provided by the Local Standards set forth by the Internal Revenue...
The BAP affirmed the bankruptcy court decision finding that the Debtor's state tax debts were nondischargeable under § 523(a)(1)(B), because notifying the California Franchise Tax Board (FTB) of...
A failure to report a change in a a taxpayer's federal income tax liability to the California Franchise Tax Board will render the state tax claim nondischargeable, because the required report is...
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Haw) sanctioning a pro se alleged creditor for filing frivolous complaints against the chapter 7 trustee. The BAP held...
