When debtor and appellee Grede Foundries, Inc. entered bankruptcy, the Wisconsin smelting plant owed more than $1.3 million in delinquent utility charges to the local municipal utility, appellant Reedsburg Utility Commission. Months after Grede filed for bankruptcy, and despite the automatic stay that accompanied Grede’s filing, Reedsburg implemented the process pursuant to state law by…Read more
10th Circuit Bankruptcy Appellate Panel Decision – Diamond v. Bakay (Unpublished)
Plaintiffs George and Georgia Diamond (“Diamonds”) appeal a bankruptcy court order denying their request for prejudgment interest on their nondischargeable claim against debtor, Scott Bakay (“Debtor”). The issue on appeal is whether the bankruptcy court erred by denying the Diamonds’ second post-judgment motion for prejudgment interest on their nondischargeable claim. “The decision whether or not…Read more
10th Circuit Bankruptcy Appellate Panel Decision – Dunckley v. Cohen / Borgman v. Cohen
What does the word “attribute” mean? Colorado Revised Statute 13-54-102 exempts the “full amount” of a debtor’s federal income tax refund that can be “attributed to” to the child tax credit. In these cases, the debtors exempted the portion of their federal income tax refunds attributed to the child tax credit, but the Trustee objected.…Read more
11th Circuit Court of Appeals Bankruptcy Decision – In Re: Ralph F. Porto
Porto filed his Chapter 7 bankruptcy proceeding on March 16, 2007. One of the debts he sought to discharge was a personal injury judgment debt he had owed DeLauro since 1985. DeLauro filed a complaint objecting to the discharge of Porto’s debt to him on the ground that Porto had fraudulently avoided satisfying that debt…Read more
4th Circuit Court of Appeals Bankruptcy Decision (Unpublished) – Peggy S. Levin v. Wachovia Bank
The issue presented is whether a debtor’s remainder interests in the corpus of two spendthrift trusts are property of his bankruptcy estate. The bankruptcy court ruled that they were; on appeal, the district court ruled that they were not. The Appeals Court believes the district court is correct that the debtor’s remainder interests are not…Read more
4th Circuit Court of Appeals Bankruptcy Decision – Bruce Matson v. Diego Alarcon
In this case, a trustee of a bankruptcy estate filed objections in the bankruptcy court to the requested priority treatment of a portion of severance compensation claims filed by the debtor’s former employees (the claimants). The bankruptcy court overruled the trustee’s objections and, under 28 U.S.C. §158(d)(2)(A)(i), certified an appeal to this Court. On appeal,…Read more
9th Circuit Bankruptcy Appellate Panel Decision – Howard Richard Veal, Jr.
In the first of these two related appeals, debtors and appellants Howard and Shelli Veal (the “Veals”) challenge the bankruptcy court’s order granting relief from the automatic stay under §362(d)1 to appellee Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2006-3, Asset-Backed Certificates Series 2006-3 (“Wells Fargo”). In the second appeal,…Read more
9th Circuit Bankruptcy Appellate Panel Decision – Edra D. Blixseth
The Bankruptcy Code requires an individual debtor in a chapter 7 case to undertake certain obligations with respect to personal property that secures a debt. A debtor must file a statement of intention indicating whether she intends to surrender or retain such property and must file and perform on her intention within a certain time…Read more
9th Circuit Bankruptcy Appellate Panel Decision – Jacqueline Susan Hill
(This is an interesting case that gives the history of “Certified Legal Document Preparers” in Arizona, which are exempt from Arizona’s unauthorized practice of law rules. Local bankruptcy rules cap the maximum that such people may charge for preparing a bankruptcy petition at $200. The CLDP in this case charged her client $250.) Appellant Claudia…Read more
Colorado Bankruptcy Court Decision – In re Reeves (Rayner v. Reeves)
Plaintiffs settled a lawsuit in state court which, as part of the settlement, the Defendant assured the Plaintiff that: (a) he did not have total assets whose value exceeded the exemption statutes allowance; (b) he did not transfer assets outside the ordinary course of business; and (c) he did not transfer real estate to family.…Read more
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