Mealeys

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Debtor Seeks High Court Reversal, Says Exempt Property May Not Be Surcharged
Posted on 4 Sep 2013 by Mealeys

WASHINGTON, D.C. - A Chapter 7 debtor whose case is pending before the U.S. Supreme Court filed a brief, which was made available on Sept. 3, arguing that the high court should reverse and remand a ruling by the Ninth Circuit U.S. Court of Appeals on... Read More

Split 4th Circuit Says BAPCPA Does Not Bar Lien-Stripping For Chapter 20 Debtors
Posted on 14 May 2013 by Mealeys

RICHMOND, Va. - A split panel of the Fourth Circuit U.S. Court of Appeals on May 10 ruled that a bankruptcy court properly affirmed a debtor's Chapter 13 payment plan despite the trustee's argument that "lien-stripping" was barred by... Read More

6th Circuit Reverses, Says Debtor's Retirement Savings Not Available To Creditors
Posted on 17 Jun 2013 by Mealeys

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on June 17 reversed and remanded a case in which a bankruptcy court had previously ruled that a Chapter 7 debtor could not shield the savings in his individual retirement account (IRA) from... Read More

Former MLB Player Dykstra Sentenced To 6-1/2 Months For Bankruptcy Fraud
Posted on 4 Dec 2012 by Mealeys

LOS ANGELES - The federal judge in California presiding over the bankruptcy fraud proceeding of former Major League Baseball player Lenny Dykstra has sentenced him to 6-1/2 months in federal prison, a source told Mealey Publications Dec. 4. The sentence... Read More

2nd Circuit Remands Trustee Lawsuit For Reasoning On Prejudgment Interest Award
Posted on 8 Jan 2014 by Mealeys

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Jan. 7 partially affirmed and partially remanded a case in which a Chapter 7 bankruptcy trustee filed an adversary action for the recovery of fraudulent transfers, ruling that a district... Read More

6th Circuit Rules Specific Exemption In Michigan Law Constitutional
Posted on 22 Aug 2012 by Mealeys

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Aug. 20 ruled that a Michigan state law that permits debtors to take a specific type of homestead exemption was constitutional ( Thomas C. Richardson v. Steven M. Schafer [In Re: Steven... Read More

8th Circuit: Debtor Fails To Show Undue Hardship; Loans Not Discharged
Posted on 26 Apr 2013 by Mealeys

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on April 25 affirmed a bankruptcy court's decision that a debtor was not entitled to discharge of his student loan obligations based on an "undue hardship" (Erik J. Nielsen... Read More

Split 9th Circuit Says State Court Judgment Is Valid Claim In Bankruptcy
Posted on 1 Mar 2013 by Mealeys

SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals panel ruled Feb. 27 that a state court judgment for damages against a debtor is a valid claim in bankruptcy court and is not subject to bona fide dispute for purposes of 11 U.S. Code Section... Read More

9th Circuit: District Court's Bankruptcy Fraud Ruling Was Proper
Posted on 7 Nov 2013 by Mealeys

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Nov. 7 affirmed a district court's finding that a man had committed bankruptcy fraud as part of a business scheme to avoid debts related to losses he incurred speculating on the... Read More

2nd Circuit: Creditor's Claim For Nondischargeability Is 'Meritless'
Posted on 18 Sep 2013 by Mealeys

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Sept. 17 affirmed a bankruptcy court's decision that a creditor's fraud claim against a debtor was dischargeable because the creditor's argument for dischargeability was "meritless"... Read More

6th Circuit Reverses; Debtor Did Not Properly Notify Creditor Of Bankruptcy
Posted on 11 Nov 2013 by Mealeys

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Nov. 8 reversed and remanded a case, determining that a creditor had a valid claim against a debtor who failed to properly notify her of the original bankruptcy filing, which eventually... Read More

6th Circuit Approves Couple's Mobile Home Debt Cramdown, Chapter 13 Plan
Posted on 29 Apr 2013 by Mealeys

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on April 26 overruled a bankruptcy court and affirmed a debtor couple's Chapter 13 payment plan that proposed cramming down the debt on its mobile home (James A. Wallingford v. Green... Read More

Plaintiff's Chapter 7 Filing Does Not Bar Foreclosure Suit, Judge Rules
Posted on 21 May 2012 by Mealeys

ATHENS, Ga. - A federal judge in Georgia on May 18 denied Chase Home Finance LLC's motion to dismiss a man's wrongful foreclosure action after finding that his filing for Chapter 7 bankruptcy protection did not take away his standing to bring... Read More

5th Circuit: Debtor Breached Deal; Creditors May Recoup Money For Royalties
Posted on 11 Apr 2012 by Mealeys

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 9 affirmed a bankruptcy court's ruling that allowed a creditor to recoup a monetary judgment for music royalties from a debtor on grounds that he had breached a settlement agreement... Read More

9th Circuit Affirms Voiding Of Foreclosure Sale For Improper Public Announcement
Posted on 27 Mar 2012 by Mealeys

HONOLULU - A Ninth Circuit U.S. Court of Appeals panel on March 26 affirmed a bankruptcy court's finding that a mortgage lender and loan servicer's failure to properly announce the postponement of a foreclosure sale violated Hawaii's nonjudicial... Read More