The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a...
Bankruptcy court properly awarded Chapter 7 Trustee sanctions of $99,745.24 against principals of Debtor corporation under Section 105(a) and 542 for violating the stay and refusing to turnover...
Debtor's error identifying a second deed of trust that was intended to be stripped off in its Chapter 13 Plan could be corrected after completion of plan. The BAP vacated the bankruptcy court's...
Debtor's misrepresentations of his income and expenses on his credit applications supported judgment declaring the credit card debts nondischargeable under § 523(a)(2)(A).
The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
Chapter 7 trustee compensation exceeding distributions to unsecured creditors is not per se an "extraordinary circumstance" that justifies disallowance of the trustee's full "commission" under...
Bankruptcy court properly approved a compromise between Chapter 7 Trustee and Bank relating to the Debtor's fraud claims against Bank which had foreclosed on the Debtor's commercial property.
Bankruptcy Trustee failed to carry its burden of proving insolvency of a debtor corporation, or actual fraudulent intent, at the time of alleged fraudulent transfers. The 9th Cir. BAP affirmed the...
BAP affirmed bankruptcy court order that allowance of Debtor's homestead exemption in the bankruptcy case did not affect state court divorce litigation in which Debtor lost his rights to the...
The BAP upheld a judgment declaring a debt nondischargeable under § 523(a)(2)(A), but remanded to reduce the amount of the judgment from $821,647 to $302,000.
