378 B.R. 416 (2007), In re Wellman, Wellman, v., Ziino., Nos. NC-07-1154-CaKD, 02-12586., United States Bankruptcy Appellate Panel for the Ninth Circuit., November 9, 2007., Decision without published opinion. Affirmed.
Nor has Debtor cited authority that transfers of money from Atek were anything but income within the meaning of the statement of financial affairs (Official Form 7), regardless of whether the money came to him through his father or was used to pay his creditors (through him or through Brother).
, B. Excise Tax CLC § 3201. The injured employee had already been compensated by the California Uninsured Employers Fund, which filed a priority claim for excise, tax under § 507 in the Georges' chapter 7 bankruptcy. The fifth prong in George is met, as well as the four Lorber elements.
, The bankruptcy court also erred when it ruled that transfer of the debtor's interest in the nonexempt $1 million was not avoidable as a fraudulent transfer under California's UFTA, as incorporated by § 544(b). Kraft, Inc. v. Local Union 327, Teamsters, 683 F.2d 131, 133 (6th Cir.1982);
Debtor Maria Leal and Ms. Stanley signed a Business License Tax Application that was filed with the City of Rancho Mirage. Rev. Tax Code section 6829 shield debtors from whatever joint and several liability they may have as, general partners with the Stanleys in the Desert Shoes business
The debt will be paid by the surety to the victim/creditor and, since the surety would not have assignment rights, the debtor will be effectively *148 discharged from the consequences of his own willful and malicious conduct. New Falls has not appealed this decision of the bankruptcy court.
Lopez appeals from the order granting summary judgment and the judgment.ISSUES, 1. In that case, the court rejected the debtor's argument that a state court judgment for misappropriation of trade secrets did not meet the requirements, under Kawaauhau v. Geiger, 523 U.S. 57, 61, 118 S. Ct.
ISSUES, 1.[15] The bankruptcy court did not abuse its discretion in awarding Macke attorney fees and costs against Wechsler in this case. (i.e., former § 303(i)(1)(C), which was deleted by the Bankruptcy Act of 1986)-or those damages proximately caused by filing a petition in bad faith.
873 (2007), In re BROWN COLE STORES, LLC, Debtor. We accordingly AFFIRM the ruling of the bankruptcy court that AGI is entitled to an administrative priority claim for goods received by B C in the twenty-days before bankruptcy and in the ordinary course of business. 626, 98 L. Ed. 2d 740 (1988);
, Wells Fargo filed a reply to the objection, an objection to Debtor's chapter 13 plan, and two memoranda of points and authorities urging the bankruptcy court to reject the argument that surrender of a 910 vehicle through a chapter 13 plan extinguishes the deficiency claim of a 910 creditor.
, (2) Whether the debtors' federal residence exemption claim sufficiently distinguishes this case from binding Ninth Circuit case law holding that debtors are not entitled to the postpetition appreciation in their residences beyond the amount of their homestead exemptions under state law.
Thus, the bankruptcy court concluded that no mutuality existed as to the parties because WCFC and SMIL were not the same legal entity prepetition, and no mutuality existed as to the claims and debts among WCFC, SMIL, and the IRS, because the IRS owed the refund to WCFC, not SMIL. 94 F.3d at 781.
, Brett Michael Carnduff; In re Brunner, 46 B.R. If the bankruptcy court had no other concerns then it might have used Debtors' evidence to project their future income, deduct future expenses, calculate how much student loan debt Debtors could pay without undue hardship, and discharge the excess.
and other interlocutory orders and decrees of bankruptcy judges ( Rule 8001(f)(2)(A)(ii). Because courts of appeals review bankruptcy court decisions de novo, without regard to intervening decisions of district courts or bankruptcy appellate panels (Sigma Micro Corp. v. Healthcentral.
Bankruptcy No. 06-11566-BAM. These courts reason that, on Form B22C, [i]f the form is filled out correctly the debtor is always allowed at least the standard ownership cost regardless of the existence of or the amount of an actual automobile expense payment. 626, 98 L. Ed. 2d 740 (1988).
Bruce McGimsey;, The Official Committee of Equity Security Holders of USA Capital Diversified Trust Deed Fund, LLC, filed objections to the proofs of claim of appellants. In American Wagering, we stated in dicta as follows:, It is not the other equity holders whose interests § 510(b) protects.
The creditor must have a purchase-money security interest;, VW Credit asserted before the bankruptcy court that because it was entitled to payment of its claim in full through application of the Hanging Paragraph, the Trejos were required to provide interest at the rate set forth in the Contract.
411, the bankruptcy court faced a situation where the chapter 13 debtors' Form B22C reflected disposable income of $3, 625.63 per month, but the debtors proposed to pay their unsecured creditors only $790.00 a month in their chapter 13 plan. Section 1323(a) was not amended by BAPCPA.
the 1995 Judgment against David Kimmel. or, (C) entity that has a community claim.[6] Accordingly, Rooz long ago waived his right to assert that Roberta Kimmel's discharge does not enjoin him from attaching after-acquired community property to satisfy his claim against David Kimmel.
101 (2007), In re Gerald Adolphus LYNCH and Doris Mae Gill, Debtors., Filed January 11, 2007. The court could refuse to approve any sale proposed by the trustee if the property had insufficient equity at the start of the chapter 13 case and/or had not appreciated sufficiently after conversion.
