For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...
The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's...
The bankruptcy court erred by allowing a judgment creditor's claim that arose from a judgment under the Minnesota Uniform Fraudulent Transfer Act when the claim had been satisfied by a payment by...
An appeal of a denial of a Rule 60(b) motion must be filed within 14 days after entry of the denial. Fed. R. Bankr. P. 8002(a). The appellants waited 23 days before filing the appeal. Because Rule...
The bankruptcy court did not err when dismissing the appellants' second nondischargeability complaint and denying appellants' subsequent motion for reconsideration. The bankruptcy court correctly...
Judge(s):
SALADINO, Chief Judge, DOW and SANBERG, Bankruptcy Judges
The Pearlman doctrine (Pearlman v. Reliance Ins. Co., 371 U.S. 132, 141-42 (1962)), does not apply to the relationship at issue between the debtor-subcontractor and the contractor due to the...
The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
Chapter 11 cases for individuals may create discharge problems in a liquidating chapter 11. In this appeal, the individual chapter 11 debtors did not continue in their pre-petition businesses, and...
Judge(s):
Marsha S. Berzon and Andrew D. Hurwitz, Circuit Judges, and Raymond J. Dearie, District Judge (EDNY), by designation
