The primary issue in this Chapter 7 bankruptcy case is whether the United States Bankruptcy Appellate Panel of the Tenth Circuit (BAP) had jurisdiction to review an “order for relief” entered by a bankruptcy judge serving in the United States Bankruptcy Court for the District of Delaware (Delaware Bankruptcy Court). The Delaware bankruptcy judge entered…Read more

Debtor filed a voluntary petition for Chapter 13 relief on September 17, 2010. On September 20, 2010, the bankruptcy court’s clerk’s office issued a Deficiency Notice to Debtor, advising him of his failure to file several required documents, including a Statement of Affairs and his schedules. Debtor was directed to file the required documents by…Read more

The Plaintiff filed this adversary proceeding to prevent the discharge of a debt pursuant to Bankruptcy Code Section 523(a)(6). The debt arose from a fight that broke out during a raucous baseball game. After a criminal case, which led to a guilty plea by the Defendant to second degree assault, and several years of civil…Read more

An automatic stay imposed by Bankruptcy Code Section 362(a) bars actions that would diminish the estate of a debtor in bankruptcy (the first debtor). Therefore, if another (also a debtor in bankruptcy) wants to equitably subordinate the creditor claims of the first debtor, it must seek relief from stay from the first debtor’s home bankruptcy…Read more

Klein Bank appeals from the Orders of the Bankruptcy Court denying its motions to remand its replevin actions which had been removed from the state court to the bankruptcy court. In denying the motions, the Bankruptcy Court concluded that the replevin actions are core proceedings. While this appeal was pending, the United States Supreme Court…Read more

The Debtors made numerous prepetition charitable contributions to their church throughout 2008 and 2009.  The Debtors’ prepetition gross earned income was less than $10,000 each year, however, the Debtors also received over $20,000 in social security payments annually.  After filing for Chapter 7 relief, the Trustee filed an adversary proceeding against the Debtors’ church seeking…Read more