A chapter 7 trustee's amended complaint sufficiently alleged the basis for her excusable neglect to file a proof of claim against the FDIC, as the receiver for Washington Mutual Bank. Therefore,...
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself.
NOTE: this is a narrow...
(1) Affirming the bankruptcy court's judgment of $1,000 per each improper post-discharge contact of the debtors by the creditor; and (2) vacating, and remanding to the bankruptcy court, the...
Judge(s):
FARIS, LAFFERTY, TIGHE (U.S. Bankr. C.D. Cal., sitting by designation)
The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...
The appellant, Hefner, did not have standing to appeal the district court's order holding that Hefner had standing to object to a settlement approved by the bankruptcy court. The court of appeals...
The plaintiff in a state-court shareholder derivative suit was not entitled to additional discovery because his claims, other than for attorney's fees, had been mooted by confirmation of a Chapter...
In this case lies a warning to all attorneys -- the bankruptcy court did not abuse its discretion in denying the debtor's motion to extend the time for her to file an appeal. The debtor's...
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
An individual's failure to keep records relating to alleged gambling debts and payments, the sale of her 2013 Lexus, and "millions in unexplained deposits and withdrawals into and out of [her] bank...
