David J. Winterton and his law firm, David J. Winterton & Associates, Ltd. (collectively, Winterton) appeal the bankruptcy court’s imposition of $109,528 in sanctions against him for violating Rule of Bankruptcy Procedure 9011 by filing a corporate bankruptcy without proper authorization, failing to conduct a reasonable inquiry into his client’s corporate affairs, and, after being…Read more

BAC Home Loans Servicing a/k/a Countrywide Home Loans Servicing, LP (BAC) appeals the bankruptcy court’s order (1) approving the debtors’ motion to value and “cram-down” real property subject to BAC’s deed of trust, and (2) confirming their chapter 11 plan of reorganization that modified BAC’s claim. The bankruptcy court determined that the debtors could modify…Read more

The bankruptcy court sustained Debtor’s objection to appellant’s proof of claim as untimely filed, rejecting appellant’s argument that its filings with the court prior to the deadline were an informal proof of claim. The issue presented is whether the bankruptcy court erred in ruling that PRCU had not established that its filings prior to the…Read more

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

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