BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and...
The bankruptcy court did not abuse its discretion by imposing a $25,000 saction against an attorney for failure to disclose compensation received as required by 11 USC 329 and Fed. R. Bankr. P....
While the 14-day deadline in Fed. R. Bankr. P. 9023 is not jurisdictional, the failure to file a Rule 9023 motion within the 14-day deadline in Rule 9023 results in the the expiration of the...
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...
BAP for 10th Circuit reversed and remanded ruling of bankruptcy court (D. NM) denying debtors' motions to amend schedules, including claimed exemptions, after cases had been closed. BAP ruled that...
Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.
