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: Debtor's False Statement Makes Loan Nondischargeable
Posted on 29 Mar 2012 by Mealeys

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on March 27 affirmed a ruling that a debtor's student loan debt was nondischargeable on grounds that he lied about his financial standing when he applied for the loan in the first place... 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

Dynegy Holdings: Examiner's Report Of Fraudulent Transfer Is 'Plainly Incorrect'
Posted on 19 Mar 2012 by Mealeys

NEW YORK - Bankrupt energy company Dynegy Holdings LLC on March 16 responded to an examiner's report of its prebankruptcy restructuring activities, arguing that the report wrongly concluded that the debtor had conducted a fraudulent transfer to one... Read More

BAP 6th Circuit Rules Bank's Security Interest In Debtor's Cottage Is Valid
Posted on 20 Mar 2012 by Mealeys

CINCINNATI - A U.S. Bankruptcy Appellate Panel (BAP) for the Sixth Circuit on March 15 affirmed a bankruptcy court's ruling that held that a trustee could not rule a bank's security interest in a debtor's property void under a section of the... 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

Massachusetts Federal Judge Dismisses 1 Defendant From Copyright Case
Posted on 30 Jul 2013 by Mealeys

BOSTON - Allegations that several defendants reproduced, displayed, advertised and distributed a plaintiff's copyrighted works after ousting the plaintiff from their organization will largely proceed, a Massachusetts federal judge ruled July 25 (Smith... 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