The dollar amount of the Debtor's claimed exemption is frozen as of the petition date. However, the estate is entitled to post-petition appreciation in the exempt asset until the bankruptcy case is...
Judge(s):
TASHIMA and BERZON, Circuit Judges, TIMLIN, Disctrict Judge sitting by designation.
The court held that criminal restitution payments may be recovered by a trustee as a preference so long as the payments meet the statutory requirements of § 547. The court noted that there is no...
Judge(s):
Mary M. Schroeder, Raymond C. Fisher, N. Randy Smith
Ninth Circuit, Case No. 08-17267, Opinion, Aug. 16, 2010
Ruling:
The Court ruled that post-petition capital gains taxes from the sale of Chapter 12 debtors' farm are not dischargeable. Sections 1222 and 507 only provide for conversion of pre-petition taxes to...
Ninth Circuit, Case No. 07-15970, Opinion, Aug. 10, 2010
Ruling:
The Court affirmed that a defandant in a fraudulent conveyance action under Sections 544(b) and 550 and state law is entitled to a reduction in damages based on his original payment as a good faith...