The Seventh Circuit Court of Appeals affirmed the district court’s ruling, finding the district court did not commit any reversible errors regarding the six main issues on appeal.
Judge(s):
Manion and Kanne, Circuit Judges, and Miller, District Judge, sitting by designation
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself.
NOTE: this is a narrow...
The Sixth Circuit reverses the imposition of sanctions by the bankruptcy court under Rule 9011 and 28 USC Sec. 1927 (but affirms the BAP), holding that Grusin did not file the debtors petition,...
Bankruptcy Court correctly dismissed Chapter 13 based on material defaults under confirmed plan where Debtor stopped making plan payments and refused to surrender property notwithstanding plan that...
BAP for 9th Circuit reversed and remanded ruling of bankruptcy court (D. Hawaii) after bankruptcy court entered order approving of chapter 7 debtors' revised statement of intention regarding real...
Debtor's oral statement that his company was in "very fine legally [sic] financial shape" and had "plenty of cash to operate" fell within the exception under section 523(a)(2)(A) because it was an...
BAP for 9th Circuit affirmed ruling of bankruptcy court (ED Wash.) denying motion for relief from stay by creditors seeking to enforce option agreement to purchase stock from ch. 13 debtor. Option...
3rd Circuit Court of Appeals vacated the District Court’s summary dismissal of Debtor’s pro se appeal, and remanded the case back to the District Court for it to articulate and explain the...
(1) Affirming the bankruptcy court's judgment of $1,000 per each improper post-discharge contact of the debtors by the creditor; and (2) vacating, and remanding to the bankruptcy court, the...
Judge(s):
FARIS, LAFFERTY, TIGHE (U.S. Bankr. C.D. Cal., sitting by designation)
Bankruptcy court's rulings on issue preclusion, nondischargeability under 523(a)(2)(A), and fees and interest were affirmed in part and vacated and remanded in part.
