Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
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...
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 However, they did not "roll over" the withdrawn funds into a replacement IRA, as...
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...
Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
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...
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
