An ambiguous tax allocation agreement between a debtor and its subsidiary that filed consolidated tax returns gave the debtor only mere legal title to a refund based on the subsidiary's prior...
Pawned property becomes property of the bankruptcy estate, and the pawnbroker's state-law notice regarding the pawned personal property violated the automatic stay. The BAP did not reach the issue...
A judgment entered agains the debtor for intentional misrepresentation before the commencement of her Chapter 7 bankruptcy case was sufficient to render the judgment debt nondischargeable under...
The bankruptcy court did not err by: (i) approving the separate classification of administrative convenience claims where, among other things, there was already an impaired class that would vote in...
The bankruptcy court did not have subject matter jurisdiction over a dispute between the liquidating trustee for a bankruptcy estate and a third party which claimed ownership of property formerly...
A debtor’s property exemptions can be derived from federal or state law, and the court must construe exemption provisions liberally in favor of the debtor and the exemption. The debtors’...
Residential real property that has been owned by a properly formed trust for nearly 15 years before the commencement of the debtors' Chapter 7 bankruptcy case is not property of the bankruptcy...
Judge(s):
HUMPHREY, OPPERMAN, and WISE, Bankruptcy Appellate Panel Judges
Once the Court finds that an appeal is frivolous, the prevailing party must file a motion for sanctions under Fed. R. App. P. 38 and 28 U.S.C. § 1927 within the time limits for filing a request...
Judge(s):
Kim McLane Wardlaw, Ronald M. Gould, and Paul J. Watford
The amount of compensation determined under a prepetition employment contract that is rejected is not presumptive evidence for the officer's or employee's section 506(b)(1)(A)(i) administrative...
Judge(s):
JURY*, BRAND, and LAFFERTY (*sitting by assignment)
A former officer and shareholder of bankrupt companies did not have standing to sue counsel for the Chapter 11 trustee and special master for malpractice. With absolutely no reference to the Barton...
