Post-petition home sale proceeds included in bankruptcy estate 
Published: April 27, 2012
Tags: Chapter 7, homestead exemption
The proceeds from a couple’s post-petition sale of their homestead must be included in their bankruptcy estate, the 9th Circuit has ruled.
Non-compliant plan is exempt in bankruptcy
Published: April 27, 2012
Tags: Chapter 7, Internal Revenue Code, Keough retirement plan, retirement plan
A retirement plan that was not technically “tax qualified” under federal law is exempt from the taxpayer’s bankruptcy estate, the 10th Circuit has ruled in applying Utah law.
Civil rights suit barred by nondisclosure in bankruptcy
Published: April 24, 2012
Tags: Chapter 7, civil rights, Fourth Amendment, search and seizure
A homeowner could not sue police for conducting illegal searches of his properties because he failed to disclose the lawsuit in his Chapter 7 bankruptcy case, the 1st Circuit has ruled in affirming a dismissal.
Debtor can’t discharge award for loss of consortium
Published: April 23, 2012
Tags: Chapter 7, loss of consortium
A Chapter 7 debtor could not obtain a bankruptcy discharge of a $300,000 award for loss of consortium stemming from the attempted murder of his ex-wife, the 7th Circuit has ruled in affirming judgment.
Non-compliant plan may be exempt in bankruptcy
Published: December 28, 2011
Tags: Chapter 7, Internal Revenue Code, Keough retirement plan, retirement plan, taxation
A retirement plan that was not technically “tax qualified” under federal law may still be exempt from the taxpayer’s bankruptcy estate, the Utah Supreme Court has ruled in answering a certified question from a U.S. District Court.
Assignee can set aside bankruptcy stay
Published: December 7, 2011
Tags: automatic stay, Chapter 7
The assignee of a security interest in a motor vehicle had standing to set aside the automatic stay in the borrower’s bankruptcy case, even though the assignment hadn’t been recorded in accordance with applicable state law, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Bankruptcy order on abuse issue can be appealed
Published: December 2, 2011
Tags: CHAPTER 13, Chapter 7
An order denying a U.S. Trustee’s motion to dismiss a debtor’s Chapter 7 bankruptcy case as abusive is a final appealable order, the 4th Circuit has ruled in reversing a denial of a motion to appeal.
Chapter 7 debtors could avoid liens to stop foreclosure
Published: November 18, 2011
Tags: automatic stay, Chapter 7, foreclosure
Chapter 7 debtors could avoid judicial liens on their homestead property in order to prevent a bank from continuing foreclosure proceedings, the 8th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Bankruptcy stay doesn’t block attorney’s suspension
Published: August 30, 2011
Tags: arbitration, automatic stay, Chapter 7
The automatic stay in an attorney’s bankruptcy case does not preclude the imposition of a suspension for failing to pay fee arbitration awards to clients, the New Jersey Supreme Court has ruled.
Law firm needn’t disgorge bankruptcy retainer
Published: July 20, 2011
Tags: administrative expenses, Chapter 11, Chapter 7, disgorgement
A law firm couldn’t be ordered to disgorge its retainer for the purpose of paying the administrative expenses in its client’s bankruptcy case, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
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