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 §...
(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...
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...
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)
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...
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...
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...
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...
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.
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...
