Preston E. Byrd (“Byrd”), pro se, appeals an order of the bankruptcy court granting a motion for sanctions against him pursuant to Federal Rule of Bankruptcy Procedure 9011. The order required Byrd to pay Arvest Bank’s attorney fees and expenses in the amount of $42,299.08. The issue presented by this appeal is whether the bankruptcy…Read more
10th Circuit Bankruptcy Appellate Panel Decision – In re Duffin (Rupp v. Duffin)
The issue before the Court was whether the bankruptcy court properly allowed debtors Duffin (“Debtors”) to claim a Utah state law exemption in proceeds and avails of their unmatured life insurance policies, including payments made on the policies in the year preceding their bankruptcy filing. Appellant Stephen W. Rupp, Chapter 7 trustee (“Trustee”) contends the…Read more
9th Circuit Court of Appeals Bankruptcy Decision – In re Sherman (Sherman v. Securities and Exchange Commission)
Ordinarily, an individual’s debts may be discharged in Chapter 7 bankruptcy under Bankruptcy Code Section 727. However, under Section 523(a)(19)(A)(i), a debt may not be discharged if it results from a violation of state or federal securities . The question in this case is whether the exception to discharge in Section 523(a)(19)1 applies when the debtor…Read more
8th Circuit Bankruptcy Appellate Panel Decision – In re Juve (Heide v. Juve)
Defendant, David L. Juve (the “Debtor,” and together with Mona L. Juve, the “Debtors”), appeals from the bankruptcy court’s grant of summary judgment to plaintiff, David A. Heide (the “Creditor”), holding a debt in the amount of $400,000, nondischargeable pursuant to Bankruptcy Code Section 523(a)(2)(A). The undisputed facts, viewed in the light most favorable to…Read more
8th Circuit Court of Appeals Bankruptcy Decision – In re Danduran (Danduran v. Kaler)
Kip M. Kaler, the Chapter 7 Trustee, appeals from the decision of the Bankruptcy Appellate Panel (BAP) reversing the bankruptcy court’s judgment that the proceeds of personal property sold with a homestead are not proceeds of the homestead. Under the Bankruptcy Code, a debtor may exempt property from the bankruptcy estate as allowed by state…Read more
Should My Spouse and I File Bankruptcy Together?
Whenever a couple comes into my office for their free consultation, one of the things we go over is whether or not they’ll be filing a joint petition or whether just one of them will be filing for bankruptcy. While many of the couples come in to see me would like at least one of…Read more
9th Circuit Court of Appeals Bankruptcy Decision – In re Jones (California Franchise Tax Board v. Kendall)
The opinion filed July 12, 2011 is withdrawn and replaced with the accompanying opinion. See the July 12, 2011 opinion here. Because Jones’s tax debt arose more than three years before she filed her Chapter 7 bankruptcy petition, it would be discharged unless the lookback period was suspended by statute. The lookback period is suspended…Read more
Dropping Out to Pay for Student Loans
1st Circuit Bankruptcy Appellate Panel Decision – In re Sullivan (Lussier v. Sullivan)
Having a creditor show up at the meeting of creditors doesn’t happen often. When it does, it’s often an ex-spouse. Though Lussier and Sullivan were never married, it appears that their break up was contentious. This is a perfect example of why it doesn’t pay to lie on your petition. Brian J. Sullivan (the “Debtor”)…Read more
What Happens if I Have Written Checks That Have Not Cleared on the Day I File Bankruptcy?
I believe my job as a bankruptcy attorney is to help my clients take advantage of the primary purpose of the Bankruptcy Code: a new financial start. The best way I can do that is to make sure they keep as much property as the Code and the courts allow. To do that, I need…Read more
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