Appellants Terry and Sandra Jacks filed this purported class action as an adversary proceeding before the bankruptcy court. Their amended complaint alleged their mortgage lender, Wells Fargo Bank, N.A., violated various provisions of the Bankruptcy Code and Bankruptcy Rules by failing to disclose certain fees on the proof of claim it filed in the Jacks’…Read more
2nd Circuit Court of Appeals Bankruptcy Decision – Smith v. Silverman
Appellants Richard A. Smith, Carole Ann Caruso, and Nelsi Smith appeal two orders of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge), dated March 24, 2010, and March 30, 2010, affirming orders of the United States Bankruptcy Court for the Eastern District of New York (Dorothy T. Eisenberg,…Read more
8th Circuit Bankruptcy Appellate Decision – Hidy v. Bullard
Held: Bankruptcy court did not err in finding that the collateral estoppel doctrine did not preclude it from deciding whether debtor’s actions met the requirements of section 523(a)(6) of the Bankruptcy Code; nor did the court err in finding that the the debtor did not act with maliciousness for the purposes of 523(a)(6); as a…Read more
1st Circuit Bankruptcy Appellate Decision – Kevin Barry, Jr. v. Joyce Warchol
The debtors, Kevin J. Barry, Jr. (“Mr. Barry”) and Kimberly A. Barry (“Mrs. Barry”) (collectively “the Barrys”), appeal from a bankruptcy court judgment denying their chapter 7 discharges under §727(a)(2)(A).1 In ruling for the appellee, Joyce Warchol (“Warchol”), the bankruptcy court concluded that the Barrys granted four pre-petition mortgages with the intent to hinder or…Read more
8th Circuit Court of Appeals Bankruptcy Decision – Crossroads Ford, Inc. v. Dealer Computer Services, Inc.
Held: The bankruptcy court did not abuse its discretion in granting creditor relief from the automatic stay to proceed with arbitration of its claims against the debtor’s bankruptcy estate; the court correctly determined that the debtor’s challenge to the contract in question was subject to arbitration; the court was not required to tailor its order…Read more
8th Circuit Court of Appeals Bankruptcy Decision – Jody May Walters v. Bank of the West
Issue: Whether Walters is entitled to her homestead exemption. Held: Bankruptcy court properly sustained the bank’s objection to the debtor’s claim of a homestead exemption as to the bank’s pre-existing debts. Judgment AFFIRMED. [gview file=http://www.ca8.uscourts.gov/opndir/11/06/106075P.pdf]
8th Circuit Court of Appeals Bankruptcy Decision – Advanced Control Solutions, Inc. v. Justice
In this case, Orin Justice (“Justice”) initially filed for bankruptcy protection under Chapter 13. After one of his creditors, Advanced Controls Solutions, filed objections to Justice’s Chapter 13 plan, Justice converted the case to a Chapter 7 proceeding. Following Justice’s failure to rebut a presumption of abuse arising from the means test under 11 U.S.C.…Read more
9th Circuit Bankruptcy Appellate Decision – Meyer v. Scholz
The 9th Circuit Bankruptcy Appellate Panel addresses the issue of whether the Bankruptcy Code’s definition of “current monthly income” found in Section 101(10A) includes Railroad Retirement Act (“RRA”) benefits; and regardless of whether it does so, should RRA benefits be considered when calculating projected disposable income under Bankruptcy Code Section 1325(b). The Court found that…Read more
Colorado Bankruptcy Court Decision – In re Nicholson
The Debtors had previously filed a chapter 7 case and received chapter 7 discharges. This new case was filed under chapter 13 less than 8 years following the commencement of the prior case – too soon to file a chapter 7 case and qualify for a chapter 7 discharge. After 8 years had elapsed from…Read more
Colorado Bankruptcy Court Decision – Corona Sierra Colorado, Inc. v. Brennan
In its motion for summary judgment, Plaintiff sought to establish that a debt owed by Defendant pursuant to the Colorado Mechanics Lien Trust Fund Statute, Colo. Rev. Stat. § 38-22-127, was nondischargeable pursuant to 11 U.S.C. 523(a)(4). Plaintiff also sought treble damages, plus interest and attorneys’ fees, pursuant to Colorado’s Rights in Stolen Property Statute,…Read more
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