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Summaries by Shara Cornell
- Summarized by Shara Cornell , McDonald Hopkins LLC
- 11 years 11 months ago
- Citation:
- BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)
- Ruling:
- A party cannot assert improper service as a defense on appeal if it was never raised before the bankruptcy court. Further, a bankruptcy court is not required to hold a hearing if the notice period...
- Judge(s):
- Honorable Deborah J. Saltzman Presiding; Before Dunn, Pappas and Kirscher, Bankruptcy Judges
- Tag(s):
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- Summarized by Shara Cornell , McDonald Hopkins LLC
- 11 years 11 months ago
- Citation:
- B.A.P. 10th Cir. 13-053 (April 11, 2014)
- Ruling:
- The Bankruptcy Appellate Panel of the Tenth Circuit (the "Court" or "BAP') affirmed the Colorado Bankruptcy Court's denial of a chapter 7 trustee's objection to a debtor's exemption for tools of...
- Judge(s):
- Karlin, Jacobvitz, and Hall
- Tag(s):
-
- Summarized by Shara Cornell , McDonald Hopkins LLC
- 12 years 8 months ago
- Citation:
- Nichols v. Align Western States Learning Corp. (In re Nichols), BAP No. AZ-12-1305 (9th Cir. BAP July 9, 2013)
- Ruling:
- (1) Debtors' due process rights were not violated by the bankruptcy court's prove-up procedure and subsequent oral ruling.
(2) Bankruptcy court did not err in finding that a student loan debt was...
- Judge(s):
- Jury, Taylor and Ahart
- Tag(s):
-
- Summarized by Shara Cornell , McDonald Hopkins LLC
- 12 years 11 months ago
- Citation:
- Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
- Ruling:
- Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
- Judge(s):
- Chief Judge Federman, Judge Saladino, Judge Nail
- Tag(s):
-
- Summarized by Shara Cornell , McDonald Hopkins LLC
- 13 years 1 month ago
- Citation:
- Smith v. State of Missouri (In re Smith), 12-6060 (8th Cir. BAP Feb. 5, 2013)
- Ruling:
- A debtor’s post-petition incarceration expenses under a Missouri Incarceration Reimbursement Act (MIRA) judgment were not discharged in bankruptcy. See Mo. Ann. Stat. Sec. 217.825-217.841. The...
- Judge(s):
- Kressel, Saladino, and Nail. Opinion written by Judge Kressel.
- Tag(s):
-
- Summarized by Shara Cornell , McDonald Hopkins LLC
- 13 years 3 months ago
- Citation:
- Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
- Ruling:
- The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
- Judge(s):
- Lucero, O'Brien and Matheson
- Tag(s):
-
