Plaintiff-debtor Nancy E. Dickson filed a voluntary Chapter 13 bankruptcy petition on July 16, 2007, seeking to reorganize her debts. As a part of this process, Dickson successfully sought to avoid a lien on her manufactured home held by defendant-appellant Countrywide Home Loans (“Countrywide”). Countrywide appeals the judgment of the Bankruptcy Appellate Panel for the…Read more

This case concerns the bankruptcy estate of Qualia Clinical Service, Inc. (“Qualia”). The estate’s Chapter 7 Trustee (“Trustee”) seeks to avoid as a preferential transfer a security interest recorded by one of Qualia’s creditors shortly before the bankruptcy petition. The bankruptcy court and the Bankruptcy Appellate Panel of this court (“BAP”) held the security interest…Read more

The issue on appeal is whether the bankruptcy court may confirm the debtor’s plan which provides for the avoidance of two junior liens on the Debtor’s principal residence. In particular, the Bankruptcy Appellate Panel (the “BAP”) considered whether: (1) Bankruptcy Code Section 1322(b)(2) prevents a debtor from modifying the rights of junior lienholders of liens…Read more

The Chapter 7 trustee appeals the bankruptcy court’s order overruling his objection to a debtor’s claimed exemption of life insurance proceeds and denying his motion for turnover. Husband and wife Larry J. Erickson (“Erickson”) and Betty L. Moore (“Moore”) (collectively “Debtors”) filed a petition for Chapter 7 relief on March 30, 2010. At the time…Read more

The United States Trustee, Region 3 (“Trustee”), appeals the reversal by the District Court of sanctions originally imposed in the bankruptcy court on attorneys Mark J. Udren and Lorraine Doyle, the Udren Law Firm, and HSBC for violations of Federal Rule of Bankruptcy Procedure 9011. The Taylors filed for a Chapter 13 bankruptcy in September…Read more