The Bankruptcy Appellate Panel of the Tenth Circuit affirmed the bankruptcy court's determination that a creditor failed to meet his burden of proof under sections 727(d)(1) and 523(a)(3) where the...
The Bankruptcy Appellate Panel for the First Circuit Affirmed the United States Bankruptcy Court for the District of Maine's judgment in part finding that the debtor's student loan obligations were...
In a sad tale of family discord and proof of the adage that "no good deed goes unpunished," the BAP affirmed the bankruptcy court's judgment that the debtor's obligations to her daughter and...
Judge(s):
DEASY, CARY, FAGONE, United States Bankruptcy Appellate Panel Judges
AFFIRMED the Bankruptcy Court for the District of Massachusetts holding that the state court judgment debt owed by the debtor, Mary L. Smith to Kathleen and Scott Whitcomb (the debtor's daughter...
In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
The Bankruptcy Appellate Panel found no error or abuse of discretion in any of the orders of the Bankruptcy Court. Therefore affirmed all the issues on Appeal.
