Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 8 months ago
Citation:
2015 WL 3756720
Ruling:
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 9 months ago
Citation:
BAP No. CC-14-1010
Ruling:
Decision of bankruptcy court that debtor's debt to plaintiff was non-dischargeable because the debtor willfully and maliciously injured the plaintiff when she transferred property to allegedly...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 9 months ago
Citation:
2015 WL 2237147
Ruling:
The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 12 months ago
Citation:
14-1154, 2015 WL 1020736
Ruling:
Eighth Circuit affirmed bankruptcy court's finding that liens should be avoided as fraudulent conveyances because a sufficient number of the traditional badges of fraud were present to give rise to...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 2 months ago
Citation:
13-7036
Ruling:
Federal District Court abused its discretion when it maintained jurisdiction over a removed case involving only state law and common law claims after the federal claims were dismissed.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 3 months ago
Citation:
NC-13-4615
Ruling:
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 3 months ago
Citation:
______ Fed.Appx. ____
Ruling:
Bank did not willfully violate the automatic stay when it continued a replevin action against a assigned its assets to the debtor. Because the bank did not know, it did not act willfully and the...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 4 months ago
Citation:
BAP No. NV-14-1109
Ruling:
9th Circuit BAP affirmed the decision of the bankruptcy court dismissing the complaint of intervening plaintiff Bustos after the complaint of the original plaintiff was dismissed by the court. The...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 4 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...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 7 months ago
Citation:
12-5286
Ruling:
The district court correctly held that the Securities Investor Protection Corp. (SIPC) could not be compelled to proceed to liquidate the Stanford Group Company (SGC) on behalf of persons who...
