Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
Judgment Lien based on deficiency judgment after foreclosure sale can be avoided under Section 522 to the extent lien impairs exemptions. Judgment lien is not exempt from avoidance as judgment...
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
Judicial estoppel applies if a party’s position is clearly inconsistent with its former position; the party succeeded in persuading a court to accept that party’s position, so that judicial...
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...
The Order denying Debtor's Second Reconsideration of the Bankruptcy Court's order sustaining the Chapter 7 Trustee's objection to certain claimed exemptions is Affirmed.
