When is the Meeting of Creditors in Bankruptcy?

September 23, 2011 By Peter Mullison

For most people filing personal Chapter 7 or Chapter 13 bankruptcy, the only time they’ll have to make an appearance will be at the meeting of creditors. As I’ve written before, the meeting of creditors induces more anxiety in my clients than anything else during their bankruptcy process. As you’ll discover, although this is an…Read more

9th Circuit Bankruptcy Appellate Panel Decision – In re: Blue Pine Group, Inc.

September 23, 2011 By Peter Mullison

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

9th Circuit Bankruptcy Appellate Panel Decision – In re: Salaheldin Abdelgadir and Afaf Wahbi (BAC Home Loan Servicing v. Abdelgadir and Wahbi)

September 22, 2011 By Peter Mullison

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

9th Circuit Bankruptcy Appellate Panel Decision – In re: Joseph William Fish Jr. (Pacific Resource Credit Union v. Fish et. al.)

September 22, 2011 By Peter Mullison

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

6th Circuit Bankruptcy Appellate Panel Decision – In re Lamar Crossing Apartments L.P. (Byrd v. Arvest Bank)

September 21, 2011 By Peter Mullison

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)

September 19, 2011 By Peter Mullison

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)

September 19, 2011 By Peter Mullison

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)

September 19, 2011 By Peter Mullison

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)

September 17, 2011 By Peter Mullison

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?

September 16, 2011 By Peter Mullison

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

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