Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
Judge(s):
Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
District court's grant of summary judgment to the City of Phoenix affirmed. Debtor-plaintiff's claim against the City could have been brought at the time of her bankruptcy petition, and any...
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
Debtor may amend his schedules to claim an exemption in sale proceeds of real property after the interest was sold by the bankruptcy trustee, under circumstances where the Debtor did not conceal...
Even though the debtor had no memory of the facts that gave rise to a cause of action that would have been an asset in his first bankruptcy case until after he had received a discharge in his...
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
The proceeds of a liability insurance policy are estate property when claims against the policy exceed policy limits.
In affirming the bankruptcy court's ruling, the Fifth Circuit explained...
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
