Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
The First Circuit BAP affirmed dismissal of the debtor’s Chapter 13 case holding the bankruptcy court did not abuse its discretion in dismissing the case for unreasonable delay that is...
The bankruptcy court did not abuse its discretion in dismissing the debtor's chapter 13 case for unreasonable delay prejudicial to creditors within the meaning of section 1307(c)(1) where the...
AFFIRMED in part and REMANDED in part. The First Circuit Court of Appeals AFFIRMS the District Court's judgment ordering Axia to perform obligations of KCST as guarantor of KCST and REMANDS to the...
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
First, a motion for “reconsideration” under Fed. R. Civ. P. 59 or 60 does not toll the 14-day deadline for filing an appeal under Fed. R. Bankr. P. 8002(b). Second, since the discharge in...
