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Summaries by Bradley Pearce
- Citation:
- 19-10974 (5th Circuit, Mar 05,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
- Judge(s):
- HIGGINBOTHAM, HO, and ENGELHARDT
- Tag(s):
-
- Citation:
- 19-10056 (5th Circuit, Feb 11,2020) Published
- Case Status:
- Affirmed
- Ruling:
- (1) The bankruptcy court did not err by awarding the creditor both unpaid invoices and future claims. (2) The creditor's unpaid-invoices claim is recognized under applicable state law, and thus...
- Judge(s):
- ELROD, WILLETT, and OLDHAM
- Tag(s):
-
- Citation:
- 18-3415 (8th Circuit, Feb 07,2020) Published
- Case Status:
- Affirmed
- Ruling:
- 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...
- Judge(s):
- COLLOTON, WOLLMAN, and BENTON
- Tag(s):
-
- Citation:
- BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published
- Case Status:
- Reversed
- Ruling:
- 1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
- Judge(s):
- FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
- Tag(s):
-
- Citation:
- 19-50318 (5th Circuit, Dec 17,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- The district court properly dismissed the plaintiff-appellant's appeal of the bankruptcy court's dismissal of the plaintiff's dischargeability complaint due to the plaintiff-appellant's failure to...
- Judge(s):
- STEWART, HIGGINSON, and COSTA
- Tag(s):
-
- Ruling:
- Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
- Judge(s):
- Howard, Torruella, and Lynch
- Tag(s):
-
- Ruling:
- Before dismissing an involuntary bankruptcy petition based solely on an inadequate number of petitioning creditors, the bankruptcy court must ensure that the debtor's creditors are given notice of...
- Judge(s):
- TAYLOR, FARIS, and SPRAKER, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- In a perplexing ruling regarding a court's ability to enforce the discharge injunction, the Fifth Circuit ruled that only a court in the district that issued the discharge could enforce the...
- Judge(s):
- STEWART, SOUTHWICK and ENGELHARDT
- Tag(s):
-
- Ruling:
- A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
- Judge(s):
- CHAGARES, GREENAWAY, JR., and GREENBERG
- Tag(s):
-
- Citation:
- BAP No. SC-18-1273-LBKu (9th Circuit, Oct 04,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- 1) In order to be awarded damages against a party for violating the automatic stay, the debtor bears the burden of showing by a preponderance of the evidence that the alleged offender willfully...
- Judge(s):
- LAFFERTY, BRAND, and KURTZ
- Tag(s):
-
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