A state court judgment for malicious prosecution was entitled to preclusive effect so that the debtor's state court malicious prosecution judgment was nondischargeable under 11 U.S.C. § 523(a)(6)....
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
The error in granting relief from the automatic stay was harmless because the discharge injunction left creditor free to enforce its in rem rights against debtor's car without seeking permission...
Sixth Circuit upheld District Court's order dismissing consumer's complaint as follows: (i) under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as it did not apply to the defendant...
Ninth Circuit BAP affirmed bankruptcy court order sanctioning chapter 7 debtor for suing chapter 7 trustee, without bankruptcy court approval, based upon the Barton doctrine, but reversed and...
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...
