Claim preclusion does not bar a debtor from amending their schedule of exemptions (which is allowed under Fed. R. Bankr. P. 1009(a)) when the amendments assert different grounds for exempting...
Judge(s):
Marsha S. Berzon and Mark J. Bennett, Circuit Judges, and Joan H. Lefkow, District Judge, sitting by designation
A bankruptcy court's holdings in a dischargeability adversary proceeding between a creditor and the debtor are not binding on the debtor's chapter 7 trustee unless the trustee is made a party to...
Judge(s):
REENA RAGGI, GERARD E. LYNCH, MICHAEL H. PARK, Circuit Judges.
In addition to providing an excellent summary of the legal standards for dischargeability and discharge under 11 U.S.C. §§ 523 and 727, the Court of Appeals reversed the bankruptcy court's...
Seeking to clarify the Rooker-Feldman doctrine, the Third Circuit explained that the Rooker-Feldman doctrine applied to preclude federal courts, other than the Supreme Court, from entering any...
In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
Affirming the bankruptcy court and the BAP, the Court of Appeals ruled that a guarantor's execution of a guaranty and his payment thereunder were not avoidable under Utah's Uniform Fraudulent...
The bankruptcy court's exercise of its power under 11 U.S.C. § 362(d) to annul the automatic stay was not subject to the Supreme Court's prohibition on nunc pro tunc orders. See Catholic...
Judge(s):
WILLIAM PRYOR, Chief Judge, and GRANT and KIDD, Circuit Judges.
A party that litigates using the in forma pauperis provisions of 28 U.S.C. § 1915 is subject to heightened pleading standards by 28 U.S.C. § 1915(e)(2), so the trial court, sua sponte, should...
Judge(s):
BAUKNIGHT, CROOM, and GREGG, Bankruptcy Appellate Panel Judges
Under Johnson v. Home State Bank, 501 U.S. 78 (1991), a person whose personal liability on a debt is discharged in bankruptcy is still a consumer with a debt under the federal Fair Debt Collection...
In a decision that hinged on whether a transfer of part of a lessee's interest in real property was a sublease or an assignment under Louisiana law, the court affirmed the bankruptcy court's...
