OPINION JACOBVITZ , Bankruptcy Judge . James Hatfield appeals the bankruptcy court's summary judgment in favor of Stephen Thompson (the "Debtor") on Hatfield's nondischargeability complaint under 11 U.S.C. 523(a)(2)(A). 1 Hatfield asks us to reverse because the bankruptcy court erred in holding that (1) the underlying debt is not a debt for money, property, services, or an extension of credit "obtained by" the alleged actual fraud; and (2) that the debt cannot be excepted from the...
OPINION KARLIN , Chief Judge . Robert Lane appeals an order of the bankruptcy court imposing monetary sanctions against him for interfering with the sale of estate assets. The order required that the sanctions be deducted from the money that would otherwise be available to distribute to Lane after payment of all claims and completion of final administration of his bankruptcy estate. The issue is whether the bankruptcy court abused its discretion in imposing sanctions, notwithstanding Lane'...
MEMORANDUM OPINION & ORDER Appellant Stephen Nicolas Lynch appeals from the bankruptcy court's Order Denying Motion for Reconsideration and Directing Debtor to Produce Documents and Appear for 2004 Exam (the "Reconsideration Order"). Because we conclude that the Reconsideration Order is not a final order, the Court dismisses this appeal. I. Background Appellant and his spouse, Gwenna Kay Lynch, filed a Chapter 11 case in August 2011. The case was converted to Chapter 7 in October...
A-1s lien. 808, 810, (D. Colo. 1992) (if reconsideration of claim sought after time to appeal passed, courts, view as motion to reconsider under Rule 60(b), which is reviewed for abuse of, discretion);cause sufficient for the bankruptcy court to accept and consider a late filed objection.
personal funds in violation of North Carolina laws pertaining to security deposits. Kelley listed the North, Carolina Address on an objection that he filed with bankruptcy court on August 14, 2015;A. Kelleys Argument on Federal Rule of Civil Procedure Rule 60(b).Judgment Motion on Kelley.
Entry 183].that the Court impose sanctions against Appellant for filing a frivolous appeal.Congress has long provided that orders in bankruptcy cases may be, immediately appealed if they finally dispose of discrete disputes within the, larger case. The Trustees Motion for Sanctions is DENIED.
KARLIN, Chief Judge., B. Impairment of Exemption, Clabaugh next argues that the bankruptcy court erred in avoiding her, judgment lien under § 522(f) because she claims her lien does not actually impair, Grants homestead exemption because of the operation of the Oklahoma exemption, statute.
, 33, The Debtor raised a second issue in his brief—that the bankruptcy court erred in, awarding attorneys fees and costs pursuant to CRS § 18-4-405 when PulseWaves, property had already been returned and PulseWave suffered no damages—but withdrew, that issue prior to oral argument.
Stephen Thompson For Summ. BAP 1997) (bankruptcy courts summary judgment order on, nondischargeability claim under fraud exception, combined with judgment for debtor, from trial of claims seeking denial of discharge, disposed of entire complaint, and orders, thus were final and appealable).
is interested. 51 Far from being incurred primarily to preserve or, dispose of encumbered property, the Lien Priority Adversary expenses were, incurred in large part to contest the validity of Clarks lien, with the sorting of, priority among Clark, Aurora, and Ms. Bryan an incidental by-product.
Heather James continued its work. Conclusion, The bankruptcy court did not abuse its discretion in assessing $321, 659 in, sanctions against Lane, which amount represented the reasonable attorneys fees, incurred by the Trustee caused by Lanes improper interference in the sale of, estate assets.
