Mason did not timely appeal the final order converting the Chapter 7 case to a Chapter 13 case. While it is true that Young's Second Plan essentially discharges almost all of the debt owed to Mason after a modest payment, this factor alone does not warrant reversing the bankruptcy court's order.
On January 14, 1997, Joseph was substituted for KWM in the state court action. 1653, 32 L. Ed. 2d 212 (1972). bankruptcy appellate panel determines that an appeal from an order, judgment, or decree of a bankruptcy judge is frivolous, it may, after a separately filed motion or notice from the .
The bankruptcy court denied debtor's claims, holding that the tax refund and earned income credit were property of the estate and were not exempt under any of the statutes listed. This appeal followed. 1600, 89 L. Ed. 2d 855 (1986), the Court held that earned income credits constitute tax refunds.
, August 24, 1999. Jensen argues that, had his administrative expense claim been disclosed at the confirmation hearing, ยง 1325(a)(4) would have been satisfied because the property to be distributed to unsecured creditors in Chapter 13 would not have been less than in a Chapter 7., 18 James Wm.
, Randy L. Royal, pro se. In our case, although the amount of income tax the Debtors owed for 1997 was based on earnings prior to their bankruptcy filing, the tax payments to be refunded were not withheld from or paid by them prepetition but instead came from money they earned after filing
The court concluded much as the bankruptcy court did in this case, that the tax refund retained its character as earnings. Wallerstedt v. Sosne (In re Wallerstedt), 930 F.2d 630 (8th Cir.1991) (tax refunds are not earnings within the meaning of the Missouri exemption);
, United States Bankruptcy Appellate Panel of the Tenth Circuit. Patterson then filed a motion to have the matter remanded to the state court and asked that the bankruptcy court abstain from hearing the matter, arguing that the bankruptcy court did not have jurisdiction to hear the action.
Gober v. Terra + Corp. (In re Gober), 100 F.3d 1195 (5th Cir.1996) (applying state court principles of collateral estoppel)., The creditors filed motions for summary judgment in the dischargeability proceedings contending that the default judgments had preclusive effect as to the issue of fraud.
Wilma Sales, Appellant., Without awaiting a response from Household or conducting a hearing, the bankruptcy court subsequently entered an order granting the debtor's Reconsideration Motion, but again denying the debtor's request for attorney's fees and costs under section 523(d) (Fee Order).
Another court noted: [w]hile the courts are not unanimous on this issue, by far the majority hold that, for purposes of section 547(c)(4), the transfer occurs when the check is delivered. In this case, E S extended credit and shipped the goods before the preference occurred.
, United States Bankruptcy Appellate Panel of the Tenth Circuit. DISCUSSION, The question presented in this appeal is whether the Bankruptcy Court erred in concluding that Longley willfully and maliciously injured Mitsubishi by transferring the vehicle to Doe. 974, 140 L. Ed. 2d 90 (1998).
, On or about May 8, 1996, Tulsa Litho issued a cashier's check to BRW in the amount of $18, 893.55 in payment of the April invoices. Sunset Sales, 220 B.R. Based on that information, BRW gave Tulsa Litho the same standardized credit terms they gave Consolidated Graphics and all of its affiliates.
, United Phosphorus, Ltd. (Appellant) appeals the Order of the United States Bankruptcy Court for the District of Kansas denying its Motion to Convert this Proceeding to a Liquidation Under Chapter 7 or, Alternatively, to Dismiss Bankruptcy (Motion). 927, 74 L. Ed. 2d 765 (1983)).
, On October 10, 1995, Bruce Unruh filed a Petition to Settle Lien Amount., The antenuptial agreement clearly provided for a lien if Barbara Unruh should sell her property and use the proceeds to purchase marital property. This agreement has been determined valid and unambiguous by the state court.
This appeal followed., Owen illustrates the supremacy of federal law over state law in the field of bankruptcy. Although Oklahoma exemption laws allow the Debtor to claim his homestead as exempt and protect it from forced sale, Section 706 allows Betty Ogg's judicial lien to attach.
After a hearing, the bankruptcy court denied confirmation of the Plan and dismissed the Chapter 13 case, citing the suggested factors from Flygare v. Boulden, 709 F.2d 1344 (10th Cir.1983). Standard of Review. The debtor discharged all of his unsecured debt save one through a Chapter 7 proceeding;
2647, 129 L. Ed. 2d 775 (1994), quoted in Kiowa Indian Tribe, 150 F.3d at 1169; 853, than to Pepper., [5] The bankruptcy court stated that [t]he determinative issue when applying the Rooker-Feldman doctrine is whether the claim at issue is `inextricably intertwined' with the state court judgment.
On the other hand, if the date of service is the date that the Bankruptcy Court served the notice of appeal, then the time to file an election did not begin running until April 26, 1999., No party has challenged the Election. BAP 1996) (Bankruptcy Appellate Panel is not an Article III court).
