Hardy Rawls Enterprises, LLC (“HRE”) appeals the district court’s order affirming the bankruptcy court’s denial of its proof of claim. The Trustee filed an objection to HRE’s claim, arguing: (1) that HRE had failed to provide documentation supporting the amounts due on its claim; (2) that HRE had failed to perfect its interest in the…Read more

The Educational Credit Management Corporation (ECMC) appeals from the judgment of the bankruptcy court, later affirmed by the Bankruptcy Appellate Panel (BAP), which discharged the student loan debt of Michele D. Walker (Walker) under the “undue hardship” provision of Bankruptcy Code Section 523(a)(8). Section 523(a)(8) of the Bankruptcy Code provides that debts from educational loans…Read more

Appellant, Gary E. Jubber, Trustee (the “Trustee”), appeals the bankruptcy court’s decision denying his motion to require Appellees, Jose L. Ruiz and Carrie Ruiz (“Debtors”), to turn over estate assets. The bankruptcy court, while recognizing a split in authority on this issue, held that the Trustee could not recover from Debtors the amount that was…Read more

This case arises from a bankruptcy dispute about a house in Louisiana that Plaintiffs-Appellees Jerry and Sheila Hollander sold to Defendants-Appellants Robert and Rhonda Sigillito. The Sigillitos sued the Hollanders seeking rescission, damages, and attorneys’ fees under state law redhibition and fraud statutes. The bankruptcy court ruled in the Sigillitos’ favor on the redhibition theory…Read more

Former investors with Bernard L. Madoff appeal from an order entered by the United States Bankruptcy Court for the Southern District of New York in the liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act (“SIPA”). The Trustee, Irving H. Picard, concluded that the investors’ “net equity,” which determines…Read more

Doctor Jessica Ellsworth, M.D., and Kenneth Ellsworth (jointly, the “Ellsworths”) appeal the bankruptcy court’s order granting the motion of Lifescape Medical Associates, P.C. (“Lifescape”) to dismiss the Ellsworths’ chapter 13 bankruptcy case with prejudice. Lifescape filed a motion to dismiss the Ellsworths’ case “with prejudice.” Lifescape alleged four grounds as establishing cause for such a…Read more

Appellant, secured creditor John Nady (“Nady”), appeals the bankruptcy court’s order granting the motion of debtor, James Earl DeFrantz, to convert his chapter 13 to one under chapter 7. The issue presented to the Panel was whether  debtor’s right to convert from chapter 13 to chapter 7 under Section 1307(a) of the Bankruptcy Code was…Read more