- 11 U.S.C.
Baker Botts L.L.P. v. ASARCO LLC
Jun
15
2015
Ruling
Attorneys hired pursuant to § 327(a) are not entitled to award of attorneys' fees for defending their fee applications.
Issue(s)
Whether § 330(a)(1) permits a bankruptcy court to award trustee's attorney's fees for work performed in defending a fee application in court?
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Court
: U.S. Supreme Court
Bank of Am. N.A. v. Caulkett
Jun
01
2015
Ruling
A chapter 7 debtor may not void a junior mortgage lien under §506(d) when senior mortgage debt exceeds the property value if the creditor's claim is an allowed secured claim.
Issue(s)
Whether a debtor in a chapter 7 bankruptcy proceeding could void a junior mortgage under 11 U.S.C.S. § 506(d) when the debt owed on a senior mortgage exceeded the present value of the property?
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Court
: U.S. Supreme Court
- 28 U.S.C.
Wellness Intl Network Ltd. v. Sharif
May
26
2015
Ruling
Bankruptcy courts may adjudicate Stern v. Marshall claims with the knowing and voluntary consent of the parties.
Issue(s)
Could debtor's Stern v. Marshall objection be waived and the bankruptcy court enter final judgment on an alter-ego claim when the parties knowingly and voluntarily, though not expressly, consented to adjudication by a bankruptcy judge?
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Court
: U.S. Supreme Court
- 11 U.S.C.
Harris v. Viegelahn
May
18
2015
Ruling
A debtor who converts to Chapter 7 is entitled to return of any postpetition wages not yet distributed by the Chapter 13 trustee.
Issue(s)
Whether the debtor who converted from chapter 13 to chapter 7 was entitled to the return of any postpetition wages not yet distributed by the chapter 13 trustee?
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Court
: U.S. Supreme Court
- 28 U.S.C.
Bullard v. Blue Hills Bank
May
04
2015
Ruling
Denial of chapter 13 plan confirmation is not a final appealable order.
Issue(s)
Is an order denying confirmation of a chapter 13 plan a final appealable order?
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Court
: U.S. Supreme Court
- 11 U.S.C.
Clark v. Rameker
Jun
12
2014
Ruling
Funds in an inherited individual IRA are not exempt "retirement funds."
Procedural posture
Prior to filing their Chapter 7 case, the debtor wife inherited an IRA from her mother. The debtor wife, who was the sole beneficiary on the account, elected to take monthly distributions from the account. In their subsequently filed Chapter 7 case, the d
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Court
: U.S. Supreme Court
Executive Benefits Ins. Agency v. Arkison
Jun
09
2014
Ruling
When presented with a Stern claim, the proper course is for the bankruptcy court to issue proposed findings of fact and conclusions of law for de novo review and entry of judgment by a district court.
Procedural posture
On de novo review, a district court affirmed a bankruptcy court's summary judgment for a trustee alleging a fraudulent conveyance in a chapter 7 case. After the creditor appealed, the U.S. Supreme Court issued its decision in Stern; based on Stern, the cr
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Court
: U.S. Supreme Court
Law v. Siegel
Mar
04
2014
Ruling
Bankruptcy court erred in surcharging debtor's homestead exemption to pay attorneys' fees incurred in opposing debtor's fraudulent lien.
Issue(s)
Did the bankruptcy court err in granting trustee's motion to surcharge petitioner bankruptcy debtor's homestead exemption for attorneys' fees incurred in opposing the debtor's claimed lien against the debtor's homestead, which was found to be fraudulent?
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Court
: U.S. Supreme Court
- 11 U.S.C.
RadLAX Gateway Hotel LLC v. Amalgamated Bank
May
29
2012
Ruling
Plan that stripped a secured creditor of its right to credit bid at a sale of its collateral could not be confirmed.
Procedural posture
A bankruptcy court denied petitioner debtors' request to confirm a "cramdown" bankruptcy plan over respondent lienholder bank's objection, finding that a proposed auction to sell the encumbered asset free and clear of a lien without permitting the bank to credit-bid did not comply with 11 U.S.C.S. § 1129(b)(2)(A)'s requirements for cramdown plans. The U.S. Court of Appeals for the Seventh Circuit affirmed. Certiorari was granted.
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Court
: U.S. Supreme Court
- 11 U.S.C.
Hall v. United States
May
14
2012
Ruling
Federal tax liability resulting from postpetition sale of debtors' farm was not incurred by the estate and was neither collectible nor dischargeable in debtors' Chapter 12 plan.
Procedural posture
Debtors who filed a bankruptcy petition under chapter 12 and then sold their farm proposed a plan which provided for treatment of the capital gains tax from the sale as an unsecured claim, and respondent United States objected. Upon the grant of a writ of certiorari, the debtor appealed the judgment of the U.S. Court of Appeals for the Ninth Circuit which held that the tax was not subject to treatment in the debtors' plan.
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Court
: U.S. Supreme Court