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...
Filing a motion to reopen a bankruptcy case base or, more accurately, to revoke the confirmation order, based on information discovered six years earlier is untimely and constitutes vexatious and...
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...
A statement made by an attorney in court is not sufficient for the court to impose sanctions for attorney misconduct unless the court finds, by clear and convincing evidence, that the statement was...
The governmental entities' claims for damages for environmental damages, other than those recognized under environmental laws such as the Clean Water Act and CERCLA and state and local equivalents...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
The appellant did not have standing to maintain the appeal once the debtor withdrew from the appeal. Article III standing requires a person to establish a particularized, actual injury. In order to...
State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....
Looking to federal criminal cases for guidance as to what constitutes possession or control, property fraudulently transferred during a Chapter 13 case can be recovered by a Chapter 7 trustee after...
Judge(s):
Mary M. Schroeder, Michelle T. Friedland,and Ryan D. Nelson
