A declaration by a governmental instrumentality (i.e., not the legislature) of the existence of a lien is insufficient to create a statutory lien unless the instrumentality's declaration is...
Judge(s):
Howard, Kayatte, and Torreson (D. Maine, sitting by designation)
An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
A law firm representing a creditor or a party in interest in a bankruptcy case has to unequivocally state its own objection, not just its client's objection, to a proposed settlement in order to...
Judge(s):
Jay S. Bybee, Paul J. Watford, and John M. Rogers (United States Court of Appeals for the Sixth Circuit, sitting by designation)
Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld,
23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
Judge(s):
SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
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’...
