, Hicks, Muse Co., Inc., et al Gemini Partners, L.P., Hemingway applied Mammoth Mart's teachings to a claim for attorneys' fees from a party who had successfully defended a Chapter 7 trustee's postpetition action seeking indemnification for certain environmental clean-up costs.
, (A) a judicial lien . 1757, 128 L. Ed. 2d 556;(B) all other liens on the property;, The judgment at issue in this case (the Massachusetts Judgment) was entered by the Woburn District Court on July 3, 1997, almost a month after entry of an order for relief in David Hart's bankruptcy case.
, A. The Suspension Order., supra, 60 F.3d at 12; At oral argument, Sheridan conceded that the substantive rules of conduct governing his performance as an attorney were in place during the period of his misconduct and he can point to no unfairness in the process the Bankruptcy Court employed.
, On appeal, Gem Ravioli argues that the bankruptcy court erred in determining that the Debtor was entitled to discharge its debt because Gem Ravioli had not established a causal connection between the fraudulent representations and the damages suffered. Spigel, 260 F.3d at 32. See Grant, 237 B.R.
The amount of the check was the precise amount Sparfven owed to the IRS. It reasoned that the bank's possession of the funds in the principal's account did not render the bank a transferee of those monies until the corporate principal decided to transfer the funds to the bank.
it therefore constitutes a final order. see also People v. Nixon, 241 Ill.App.3d 272, 181 Ill. Dec. 822, 608 N.E.2d 1296 (1993) (the court struck down a restitution order that required defendant to pay restitution over two years after serving a 6 1/2 year prison sentence).
The original ten day appeal period had lapsed before the Bankruptcy Court granted the motion to extend. MLBR 5005-4. But, if a Rule 60 motion is to extend the bankruptcy appeal period, it too must be filed within ten days of the entry of the judgment, order, or decree from which relief is sought.
, In Patterson v. Shumate, 504 U.S. 753, 112 S. Ct. Therefore, the Court found that the debtor's interest in an ERISA-qualified pension plan could be excluded from property of the bankruptcy estate pursuant to the Code because applicable nonbankruptcy law was not limited to state law.
On June 7, 2002, the Bankruptcy Court issued an endorsement order stating that it would treat the Trustee's Opposition as a motion to reconsider conversion of this case from Chapter 7 to Chapter 13 and setting the matter for hearing. Second, the debtor must file her Chapter 13 plan in good faith.
[1] He asserts that the court below erred when it found that obligations imposed by the state divorce court were alimony or support notwithstanding their characterization as *555 property division in the divorce judgment. Bank, 42 F.3d 26, 30 (1st Cir.1994); Paul controlled all the family finances.
, Eliot Jacobson (Jacobson) appeals the bankruptcy court's denial of his motion asking that his proof of claim, filed four days after the applicable bar date, be considered timely. We review the lower court's rulings for abuse of discretion. Pioneer Inv.
, On August 1, 2001, after considering the parties' arguments, the bankruptcy court entered a bench order granting Fairway's Motion to Vacate Order and denying Maloni's Motion to Avoid Judicial Liens as to *730 Fairway., The imposition of sanctions under Rule 8020 is a two-step process.
Following the trial, the bankruptcy judge took a recess to review the evidence. Field, 157 F.3d at 46. Lentz argues that the bankruptcy court erred in applying the justifiable reliance standard enunciated by the United States Supreme Court in Field v. Mans, 516 U.S. 59, 116 S. Ct.
, V. Conclusion, For the reasons set forth above we VACATE the bankruptcy court's November Order on the Lien Motion and REMAND the case to the bankruptcy court for consideration of and rulings on Rockland's prejudice objection to the Motion to Amend and the Lien Motion consistent with this opinion.
INTRODUCTION, Freddy Varela (Varela) appeals the decision of the bankruptcy court awarding the Debtor, Carlos Quinones Ocasio (the Debtor), actual and punitive damages totaling $10, 000, plus attorney's fees and costs, for willfully violating the automatic stay. 1589, 134 L. Ed. 2d 809.
