, Filed May 11, 2006. However, we observed, the applicable rule specifically relating to frivolous appeals is Rule 8020, [5] and, pursuant to that rule, we ordered Tina Livestock and its counsel to show cause why we should not impose sanctions for frivolous appeal in this case.
Because the bankruptcy court usually treats tax refunds as property of the bankruptcy estate pursuant to Wallerstedt, 930 F.2d 630, it extended the Sorenson rationale to CTCs on the basis that refundability of the tax credit is the proper focus of the analysis.
In 2000, they refinanced their loans through the Farm Service Agency., On June 14, 2006, the bankruptcy court held a hearing on confirmation of the debtors' Chapter 12 plan and on Commerce's motions to lift the automatic stay and dismiss the case. It is from these orders that the debtors appeal.
, David P. Nelson (Debtor) appeals the bankruptcy court's order and judgment excepting from discharge his obligation to Jack Lindau (Creditor) pursuant to 11 U.S.C. § 523(a)(2)(A). An appellate court, sits in review of a trial court. Without a false statement, no fraud exists.
ISSUE, Mr. Ziemski identifies several issues in his brief: (1) whether the bankruptcy court correctly interpreted and applied state law when ordering the turnover of the military retirement benefits as property of Ms. Ziemski's bankruptcy estate; 914, 59 L. Ed. 2d 136 (1979).
Willis' attorney also requested a continuance of the September 1 Meeting on the ground that Willis had filed the motion to convert the case to Chapter 13. was one of the things that prompted [her] to file [her] original bankruptcy petition); Hager v. Gibson, 108 F.3d 35, 39-40 (4th Cir.
the debtor's reasonable living expenses; 443, 449 (Bankr.N.D.Iowa 2005) (refusing to consider any potential child support income as a future financial resource because it would be speculative and support funds were arguably for the child's needs, not the parent's student loan payments).
, Here, Judge Hill expressly stated in Smith that because the Legislature separated pensions, annuities and life insurance policies with semi-colons instead of commas, the modifying clause beginning with upon the death of the insured only applied to life insurance policies.
[2], Blocker, as personal representative of Dillon's estate, filed a wrongful death action against McBride and Debtor in Minnesota state court on December 26, 2003. Blocker says they meet the standard *457 for willful and malicious injury under sect;, [14] Scarborough, 171 F.3d at 643;
The trustee concedes that CALPERS' security interest in the properties is broad enough to encompass both the claims for rents and general intangible damages, and that CALPERS therefore has a security interest in the claim in Kmart's case.The Debtor Did Not Expressly Terminate the Leases.
CBASS also requested that the Court bar the Debtor from filing another case for 180 days. When asked about service at that hearing, CBASS's counsel stated that the Motion and Notice were mailed on March 3 and that she had obtained personal service on the Debtor on March 7.
Therefore, the Creditor would have undoubtedly sought relief from the stay with respect to the tanning beds even if the Debtor had filed a motion to avoid the lien on the tools on the day he filed his bankruptcy petition.
1942, 147 L. Ed. 2d 1 (2000)., The plain language of this statutory section tells us that a debtor cannot obtain a hardship discharge in Chapter 13 unless the debtor made payments to unsecured creditors in an amount equal to what the unsecured creditors would have received in a Chapter 7 case.
In Rivera Perez v. Massachusetts General Hospital, [6] the defendant in a non-bankruptcy case sought a stay pending appellate review by the court of appeals of a district court's remand order. filed Oct. 17, 2005). (2) the extent to which state jaw issues predominate over bankruptcy issues;
However, Prime Realty requested and received authorization from the court to incur debt in order to pay off First National Bank and stop the foreclosure sale, which was set for September 24, 2002., After the foreclosure sale, Phoenix Properties became the owner of the Brook Valley properties;
[8], Next, Mr. Hedquist asserts that by requiring individuals to seek credit counseling before filing a bankruptcy petition, when corporations are not required to do so, the Bankruptcy Code violates individuals' Fourteenth Amendment rights to equal access to the courts.
, Filed: August 31, 2006., This is an appeal of the bankruptcy court's order granting the chapter 7 trustee's motion for the turnover of funds transferred from the Debtor's bank account postpetition for the payment of checks delivered to creditors prepetition. 755, 88 L. Ed. 2d 859 (1986).
, The second exception to § 109(h) is the one that is implicated in this appeal, namely that the debtor file a certification of exigent circumstances. and, (iii) is satisfactory to the court., With this as background, we turn to the three orders that the bankruptcy court has entered in this case.
a partial summary judgment Even if the District Court Judgment supported such a statement, neither the mental state of the Debtors nor the injury to these Plaintiffs described by the court rises to the level of certainty or harm that is required for a finding of maliciousness under § 523(a)(6).
, Meanwhile, three days before Briggs filed the instant Motion, on June 28, 2005, the bankruptcy court issued an order in another case, In re Samuel Smith, [5] in which Briggs had arranged a refinancing transaction similar to this one, also with Wells Fargo. Mo. Rule Prof'l Conduct 4-1.7, cmt.
