BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)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
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...
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...
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.
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.
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...
