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Thaw v. Moser

Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 6 months ago

Citation:: 14-40108

Ruling:

Trustee can force sale of the entire homestead over objection of non-debtor spouse. The sale is not an unconstitutional taking because the property was acquired after BAPCPA went into effect and...

Judge(s):

King, Graves, and Higginson

Tag(s):

Campos v. Aleman (In re Aleman)

Summarized by Elie Herman ,
11 years 6 months ago

Citation:: Campos v. Aleman (In re Aleman), No. 12-60084 (9th Cir. Oct. 7, 2014)

Ruling:

Affirmed the BAP's dismissal of the appeal as moot.

Judge(s):

Fletcher, Rawlinson, and Christen.

Tag(s):

Dye v. Sachs (In re Flashcom, Inc.)

Summarized by Joel Newell , Ballard Spahr, LLP
11 years 6 months ago

Citation:: 9th Cir. BAP No. CC-13-1311-KuDaKi (October 1, 2014)

Ruling:

Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no...

Judge(s):

Honorable Kurtz, Davis, and Kirscher

Tag(s):

Clear Sky Properties, LLC v. Roussel (In re Roussel)

Summarized by Lars Fuller , BakerHostetler
11 years 6 months ago

Citation:: Clear Sky Properties, LLC v. Roussel (In re Roussel), No. 14-1150 (8th Cir. October 3, 2014)

Ruling:

Eighth Circuit dismissed debtor's appeal for lack of jurisdiction pursuant to 28 USC 158. Eighth Circuit ruled that district court decision, reversing bankruptcy court and remanding for...

Judge(s):

Benton, Beam, Shepherd

Tag(s):

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In a Surplus Chapter 11 Estate, Trustee Commissions Aren’t Based on Equity Distributions
In a nonprecedential opinion, the Fifth Circuit concludes that a chapter 7 trustee’s commissions are not based on distributions to equity holders, even when creditors are paid in full.
In a Surplus Chapter 11 Estate, Trustee Commissions Are Based on Distributions to Equity
The prohibition in Section 326(a) to calculating a chapter 11 trustee’s commission on distributions to the debtor does not apply when creditors are paid in full and a distribution goes to equity security holders.
Sometimes, a Debtor May Claim an Exemption in Fraudulently Transferred Property
The Section 522(g) preclusion of an exemption on fraudulently transferred property only applies if the trustee recovers the property.

Lars Fuller
BakerHostetler
Cases Summarized 262
Bradley Pearce
Pearce Law PLLC
Cases Summarized 242
Amir Shachmurove
Brown Rudnick LLP
Cases Summarized 175
David Treacy
U.S. Bankruptcy Court, Eastern District of Kentucky
Cases Summarized 109
Joel Newell
Ballard Spahr, LLP
Cases Summarized 98

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