Bankruptcy Appellate Panel

Reichel, In re--Reichel v. Jensen-Carter

Ruling: 
Bankruptcy court did not abuse its discretion by denying debtor's repeated motions to reopenhis case as the underlying purpose was the reversing of his criminal conviction. (B.A.P. 8thCir.)
ABI Membership is required to access the full summary of Reichel, In re--Reichel v. Jensen-Carter. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 28,2022, LexisNexis #0123-52

Powell, In re--TICO Constr. Co. v. Van Meter

Ruling: 
Debtor had a right to dismiss his Chapter 13 case even in the face of allegations of bad faith orabuse of the bankruptcy process. (B.A.P. 9th Cir.)
ABI Membership is required to access the full summary of Powell, In re--TICO Constr. Co. v. Van Meter. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 21,2022, LexisNexis #0123-021

Richards, In re

Ruling: 
Debtor could not exempt proceeds from the prepetition sale of her former residence as she hadno meaningful ability to occupy the property in the future and presented no evidence of eitherintent or ability to the trial court. (B.A.P. 6th Cir.)
ABI Membership is required to access the full summary of Richards, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 25,2022, LexisNexis #1222-007

Richards, In re

Ruling: 
Debtor could not exempt proceeds from the pre-petition sale of her former residence as shehad no meaningful ability to occupy the property. (B.A.P. 6th Cir.)
ABI Membership is required to access the full summary of Richards, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 25,2022, LexisNexis #1022-027

Parvizi, In re--Parvizi v. United States

Ruling: 
Bankruptcy court properly held that debtor was not entitled to an undue hardship discharge ofstudent loan debt. (B.A.P. 1st Cir.)
ABI Membership is required to access the full summary of Parvizi, In re--Parvizi v. United States. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 29,2022, LexisNexis #0922-062

Murray Energy Holdings Co., In re

Ruling: 
Bankruptcy court did not abuse its discretion in denying the motion for reconsideration as thecreditor did nothing more than rehash its prior arguments, this time with the aid of anaffidavit that it could have obtained before the hearing. (B.A.P. 6th Cir.)
ABI Membership is required to access the full summary of Murray Energy Holdings Co., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 03,2022, LexisNexis #0922-050

Chuza Oil Co., In re--Montoya v. Goldstein

Ruling: 
Final judgment to the extent it awarded relief to defendants on the actual-fraudulent-transfercount was proper as each transfer was a preferential transfer of an interest of debtor inproperty. (B.A.P. 10th Cir.)
ABI Membership is required to access the full summary of Chuza Oil Co., In re--Montoya v. Goldstein. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 27,2022, LexisNexis #0722-067

Open Med. Inst., In re--Spark Factor Design, Inc. v. Hjelmeset

Ruling: 
Bankruptcy court did not abuse its discretion as it properly evaluated the fairness andreasonableness of compromise between trustee and debtor. (B.A.P. 9th Cir.)
ABI Membership is required to access the full summary of Open Med. Inst., In re--Spark Factor Design, Inc. v. Hjelmeset. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 26,2022, LexisNexis #0722-057

Shove, In re--Hernandez v. Shove

Ruling: 
Bankruptcy court properly denied the debtor husband's discharge as the husband failed tokeep and preserve adequate records and his failure was unjustified. (B.A.P. 1st Cir.)
ABI Membership is required to access the full summary of Shove, In re--Hernandez v. Shove. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 29,2022, LexisNexis #0722-018

RS Air, LLC, In re--NetJets Aviation, Inc. v. RS Air, LLC

Ruling: 
Bankruptcy court properly confirmed the debtor's Chapter 11 plan, denied the creditor'sobjection to the debtor's subchapter V election and upheld the eligibility decision. (B.A.P. 9thCir.)
ABI Membership is required to access the full summary of RS Air, LLC, In re--NetJets Aviation, Inc. v. RS Air, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 26,2022, LexisNexis #0722-020

Pages

Subscribe to Bankruptcy Appellate Panel