Rule 60(b) relief is extraordinary and may only be granted in exceptional circumstances and is not properly granted where a party merely revisits the original issues and seeks to challenge the...
Where a bankruptcy attorney forges his clients’ signatures, omits material assets of which he is aware, and commits extensive perjury regarding these actions, he is not entitled to remain in the...
Debtors exempted an IRA. After the onjection to exemption deadline expired, they withdrew finds from the IRA. However, they did not "roll over" the withdrawn funds into a replacement IRA, as...
Where a debtor’s interest in a trust vests prior to filing bankruptcy, the property belongs to the bankruptcy estate and is thus not exempted under 11 U.S.C. §522.
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
Trustee seeking to sell residence cannot force Debtor to vacate premises while Trustee attempts to sell property merely by tendering to Debtor the value of Debtor's claimed exemption.
Debtor in a involuntary Chapter 7 bankruptcy lacked standing to argue that the Chapter 11 trustee for a business trust formerly owned by the debtor (the "Other Trustee") violated the automatic stay...
Judge(s):
BRAND, SPRAKER (Chief Bankruptcy Judge, D. Alaska, sitting by designation), KURTZ
The bankruptcy court properly disallowed a claim filed by a secured creditor that failed to comply with Arizona state law for preserving the right to a deficiency following the foreclosure. Arizona...
Judge(s):
BENTON, SHEPHERD, STRAND (N.D. Iowa, sitting by designation)