The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units. [The court did...
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the decision of the bankruptcy court that: (i) a trustee's avoidance power as a hypothetical lien creditor pursuant to Sec. 544(a)(1) is not...
Judge(s):
Harrison, Opperman and Wise, Bankruptcy Appellate Judges.
Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed. When one spouse files bankruptcy, a trustee succeeds only...
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
The Sixth Circuit Court of Appeals dismissed the appeal of an order granting relief from stay as moot, since the underlying property had been claimed exempt and the debtor received her discharge...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Sua sponte, the court found that Mrs. Lee, who was not a party to the underlying state court action, did not have Article III standing to bring suit and vacated judgment as to Mrs. Lee with...
Individuals maintaining an interest in their residence, such as through a self-settled trust, retain an equitable ownership interest that is property of the estate and therefore qualified for the...
The Tenth Circuit affirmed the district court's dismissal of the appellant's RESPA claim because, on appeal, she did not argue that such dismissal was improper. The Court of Appeals reversed the...
