The bankruptcy court correctly ruled that it did not have jurisdiction over a former debtor's claims relating to fees owed by the debtor who, as a prisoner, filed petitions in forma pauperis. Under...
A debtor who, on the petition date, lives in property for which the debtor has filed a homestead declaration and has stated an intent to continue living, is presumed to be able to declare a...
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
A defendant in a trial for conspiracy to breach fiduciary duty must specify the law and facts that would entitle the defendant to a judgment as a matter of law. The defendant and may not wait...
The difference in Chapter 11 quarterly fees collected in UST versus Bankruptcy Administrator (BA) districts following the Bankruptcy Judgeship Act of 2017 did not violate the uniformity requirement...
A judgment entered by a Utah state court as a sanction for producing fraudulent documents in discovery may have preclusive effect on the issue of fraud in subsequent 11 U.S.C. § 523(a)(2)(A) and...
Judge(s):
CROOM, GUSTAFSON, and PRICE SMITH, Bankruptcy Appellate Panel Judges
The bankruptcy court properly granted summary judgment on a § 727(a)(3) and (a)(4)(A) nondischargability complaint against a debtor who (1) failed to maintain adequate books and records from...
A party seeking to file an objection to discharge must obtain an order granting an extension if the claim objection is not filed within 60 days after the first date set for the first meeting of...
Judge(s):
Higginbotham, Higginson, and Duncan, Circuit Judges
A creditor required to file notice to perfect its interests in a debtor's property under 11 U.S.C. § 546(b) must do so before the non-bankruptcy limitations period expires. Section 546(b)(2)...
The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
