Debtors contemplating a bankruptcy filing must take into consideration numerous factors in timing their petitions. The Debtors' failure to comply with this obligation resulted in a claim by the Landlord for the full amount of the December rent payment which is entitled to priority payment status.
, VENTERS, Bankruptcy Judge., On the eve of the hearing on Beyers's motion for summary judgment in the state court, the Debtors filed an adversary complaint in the bankruptcy court alleging that Beyers's state-court counterclaims violated the discharge injunction. debt[s] ...
While a party electing to appeal to the district court may appeal a later bankruptcy court judgment to the bankruptcy appellate panel, we are not empowered to review decisions of the district court. 698, 66 L. Ed. 2d 633 (1981). The decisions were all issued prior to the *381 district court order.
, Plaintiff Michael S. Dietz, the Chapter 7 Trustee in Debtor Rodney N. Farr's bankruptcy case, appeals from the Bankruptcy Court's judgment determining that funds previously held in the Debtor's bank account were held subject to a constructive trust in favor of Defendant Ronald Langlie.
, United States Bankruptcy Appellate Panel of the Eighth Circuit. The Debtors provided the Trustee with copies of their bank statements but did not disclose the 401K loan or the fact that the balance in the checking account exceeded the amount listed in their schedules by more than $13, 000.
, Jeremy Eugene Cleaver;, United States Bankruptcy Appellate Panel of the Eighth Circuit., KRESSEL, Chief Judge. The fact that an exemption claimed by debtors is in property that is not considered a tool of the trade under state law is irrelevant to the issue of whether the lien can be avoided.
[15] Court orders prohibiting refiling often occur where a debtor files a series of bankruptcy petitions that are strategically timed to thwart a secured creditor from foreclosing on its collateral or where the debtor files a subsequent petition in violation of a previous order.
, Matthew J. Smith (Debtor) appeals from the bankruptcy court[1] order requiring him to turn over to Renee K. Hanrahan (Trustee) commissions earned in connection with two real estate sale contracts entered into pre-petition but closed *889 post-petition. In re Parsons, 280 F.3d at 1188.
, The filing of a bankruptcy case creates a bankruptcy estate.[7] As the Bankruptcy Court concluded, the cashier's check held by Carpenter does not constitute the right to receive a social security benefit, but instead represents funds which were previously paid as such a benefit.
, After the bankruptcy court entered its Final Order and Powers filed her Amended Notice of Appeal, Powers' Eighth Circuit appeals regarding the Claim Disallowance Orders and the Fee Order ultimately proved to be unsuccessful. DeBold v. Case, 452 F.3d 756, 761 (8th Cir.2006);
Zajac Farm, Inc., Objectors-Appellees., Bad faith can form the basis for sustaining a timely objection to exemptions: in In re Soost, we limited a debtor's homestead exemption to $1.00 when the debtor knowingly understated the value of the property and claimed a $1.00 exemption in it.
, and the representatives of R R came to an oral agreement with regard to the monthly installment payments T.F. The evidence does not support a finding that Freier did not intend to pay the debt at the time he made the statement that he was not taking anything from the business.
, The bankruptcy court found as a fact that the Debtors made a false representation when they specifically requested the use of the loan proceeds to renovate the houses, but omitted to inform the Fees that they intended to use the funds for other things, including living expenses.
We then held that the bankruptcy court lacked subject matter jurisdiction over GAF's state law-based tort claims against non-debtor third parties., The issues presented in GAF's tortious interference action are the same as those already litigated and determined by the court in its prior orders.
181) and the record before the Court;, Following the guidance of the Supreme Court in the Pierce case, the Tenth Circuit Bankruptcy Appellate Panel determined that it would apply an abuse of discretion standard in reviewing the bankruptcy court's order denying entry of final decree.
, Bonnie Lee Duncan; In its order, the court noted that the debtors completed their credit counseling after they filed their bankruptcy petition and the court found that the debtors had not established exigent circumstances warranting a waiver of the pre-petition credit counseling requirement.
, In ruling on the trustee's motion for summary judgment, the bankruptcy court determined that its November 1, 2007, Memorandum Opinion and Order for Judgment established all of the grounds for declaring the settlement agreement void, and that summary judgment should be granted.
Benjamin Mitchell is Daniel's son and Kathryn's former stepson. She listed the amount of the debt as $1.00.[4], Since no one claims that Benjamin had actual knowledge of the case in time to timely file a complaint under ยง 523(c), Benjamin's claim for an exception to discharge has two components.
Capital Corp. v. Dial Bus. Accordingly, and regardless of what any other court may have stated during the drawn-out proceedings between Debtor and Ms. Burnett, the principal amount of the claim held by Ms. Burnett for support amounted to $57, 402.70 as of the date of bankruptcy filing.
Douglas Kettering, the attorney who represented the Debtor in his bankruptcy case prior to his death, filed the underlying adversary proceeding as well as this appeal. The attorney-client relationship between Mr. Kettering and the Debtor terminated upon the Debtor's death.
