The Plaintiff filed this adversary proceeding to prevent the discharge of a debt pursuant to Bankruptcy Code Section 523(a)(6). The debt arose from a fight that broke out during a raucous baseball game. After a criminal case, which led to a guilty plea by the Defendant to second degree assault, and several years of civil…Read more
9th Circuit Court of Appeals Bankruptcy Decision – Palmdale Hills Property, LLC v. Lehman Commercial Paper, Inc.
An automatic stay imposed by Bankruptcy Code Section 362(a) bars actions that would diminish the estate of a debtor in bankruptcy (the first debtor). Therefore, if another (also a debtor in bankruptcy) wants to equitably subordinate the creditor claims of the first debtor, it must seek relief from stay from the first debtor’s home bankruptcy…Read more
8th Circuit Bankruptcy Appellate Panel Decision – Schmidt v. Klein Bank
Klein Bank appeals from the Orders of the Bankruptcy Court denying its motions to remand its replevin actions which had been removed from the state court to the bankruptcy court. In denying the motions, the Bankruptcy Court concluded that the replevin actions are core proceedings. While this appeal was pending, the United States Supreme Court…Read more
Colorado Bankruptcy Court Decision – In re McGough (Wadsworth v. The Word of Life Christian Center
The Debtors made numerous prepetition charitable contributions to their church throughout 2008 and 2009. The Debtors’ prepetition gross earned income was less than $10,000 each year, however, the Debtors also received over $20,000 in social security payments annually. After filing for Chapter 7 relief, the Trustee filed an adversary proceeding against the Debtors’ church seeking…Read more
11th Circuit Court of Appeals Bankruptcy Decision – In Re: Miguel A. Diaz vs. State of FL Dept. of Revenue, Miguel A. Diaz vs. Commonwealth of Virginia Dept of Social Services
The Florida Department of Revenue (“Florida DOR”) and the Virginia Department of Social Services (“Virginia DSS”) appeal the district court’s decision affirming an order of the bankruptcy court holding the agencies in contempt and awarding the debtor, Miguel Diaz, compensatory and punitive damages for the agencies’ alleged violations of the automatic stay and discharge injunction.…Read more
8th Circuit Court of Appeals Bankruptcy Decision – Burnett v. Burnett
Clarence Burnett (“Mr. Burnett”) reopened his Chapter 13 bankruptcy proceedings and, thereafter, moved the bankruptcy court to hold in contempt his former spouse, Nancy Jo Burnett (“Ms. Burnett”), and her subrogee, West Virginia’s Department of Health and Human Resources, Bureau of Child Support Enforcement (BCSE), for violating the terms of Mr. Burnett’s confirmed Chapter 13…Read more
7th Circuit Court of Appeals Bankruptcy Decision – Nick Jakich v. U.S. Trust
Nick Jakich and Jay Dunlap owned a corporation the principal asset of which was a golf course. In October 2006 the corporation’s creditors filed a petition to have Golf declared bankrupt under Chapter 11 of the Bankruptcy Code. Dunlap testified in opposition to the petition, but the bankruptcy court granted it and appointed as trustee…Read more
5th Circuit Court of Appeals Bankruptcy Decision – Wells Fargo Bank, N.A. v. Stewart
6th Circuit Court of Appeals Bankruptcy Decision – In re: Two Gales, Inc.
After the debtor’s chapter 11 case was converted to a case under chapter 7, the bankruptcy court entered orders granting fees to counsel for Susan Rhiel, the chapter 7 Trustee (the “Trustee”), denying the fees requested by Cupps & Garrison, LLC (“C&G”), debtor’s chapter 11 counsel, and requiring C&G to disgorge its pre-petition retainer so…Read more
9th Circuit Court of Appeals Bankruptcy Decision – California Franchise Tax Board v. Jones (In re: Brenda Marie Jones)
At issue in this bankruptcy appeal is a tax debt owed by Brenda Marie Jones (“Jones”) to the California Franchise Tax Board (“FTB”). The bankruptcy court and the Bankruptcy Appellate Panel (“BAP”) found that the debt was not excepted from discharge in Jones’s Chapter 7 bankruptcy proceeding. Although debts arising before a discharge order in a…Read more
- « Previous Page
- 1
- …
- 4
- 5
- 6
- 7
- 8
- Next Page »