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Summaries by Bradley Pearce
- Citation:
- 19-10060 (11th Circuit, Sep 09,2020) Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
- Judge(s):
- JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
- Tag(s):
-
- Citation:
- 18-1445 (10th Circuit, Aug 31,2020) Published
- Case Status:
- Affirmed
- Ruling:
- An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
- Judge(s):
- BRISCOE, HOLMES, and EID
- Tag(s):
-
- Ruling:
- A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
- Judge(s):
- STEWART, CLEMENT, and COSTA
- Tag(s):
-
- Citation:
- BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
- Case Status:
- Affirmed
- Ruling:
- A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
- Judge(s):
- MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
- Judge(s):
- FARIS, SPRAKER, and GAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. AZ-20-1032-TaLB (9th Circuit, Aug 12,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
- Judge(s):
- TAYLOR, LAFFERTY, and BRAND, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
- Judge(s):
- SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
- Judge(s):
- MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC-19-1245-LTaF (9th Circuit, Jul 13,2020) Published
- Case Status:
- Affirmed
- Ruling:
- The Supreme Court's opinion in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696 (2020), does not prohibit a bankruptcy court from fashioning nunc pro tunc...
- Judge(s):
- LAFFERTY, TAYLOR, and FARIS, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC-19-1325-TaFL (9th Circuit, Jul 02,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Adopting the majority position interpretation of 11 U.S.C. § 544(c), failing to include to include an asset on a debtor's schedules precludes an abandonment of such asset if it is not administered...
- Judge(s):
- TAYLOR, FARIS, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
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