State court judgment for fraud entered after debtor chose not to participate in trial had issue preclusive effect in subsequent nondischargeability litigation.
Looking to federal criminal cases for guidance as to what constitutes possession or control, property fraudulently transferred during a Chapter 13 case can be recovered by a Chapter 7 trustee after...
Judge(s):
Mary M. Schroeder, Michelle T. Friedland,and Ryan D. Nelson
BAP for 8th Cir. affirmed ruling of bankruptcy court (WD Missouri-KC) dismissing couple's chapter 13 cases for serial, abusive filing. Couple had maintained possession of residence for over eight...
The Seventh Circuit Court of Appeals dismissed the Appellant’s appeal, finding that the Court lacked jurisdiction to hear the appeal under 28 U.SC. § 158(d)(1) because the district court’s...
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
BAP for 9th Cir. affirmed bankruptcy court (CD California) order dismissing chapter 13 case based on serial filer's bad faith attempts to hinder and delay secured creditor's foreclosure on...
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed in part and reversed in part the bankruptcy court (N.D. Ohio)'s discharge violation finding. Failure to require a contempt proceeding...
Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...
Judge(s):
Before DENNIS, GRAVES and WILLETT, Circuit Judges.
