Bankruptcy trustee must return funds upon conversion 
Published: November 8, 2012
Tags: CHAPTER 13, Chapter 7
A bankruptcy trustee was required to return funds acquired post-petition upon the conversion of the debtor’s plan from Chapter 13 to Chapter 7, the 3rd Circuit has ruled in affirming judgment.
Wife’s transfer in divorce avoidable in bankruptcy
Published: October 2, 2012
Tags: Chapter 7, divorce, fraudulent transfer
A wife’s transfer of her share of the marital residence in her divorce case was properly set aside as a fraudulent transfer when she subsequently filed for bankruptcy, the 6th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
State can authorize bankruptcy-specific exemptions
Published: August 22, 2012
Tags: Bankruptcy Clause, Chapter 7, homestead exemption
Chapter 7 debtors could claim homestead exemptions under a state law that is bankruptcy-specific, the 6th Circuit has ruled.
Debtors qualified for Ariz. bankruptcy exemption
Published: August 14, 2012
Tags: Chapter 7, exemption
Chapter 7 debtors qualified for a state exemption excluding from their bankruptcy estates certain life insurance policies and annuity contracts, the 9th Circuit has ruled in reversing judgment.
Bankruptcy trustee entitled to asset appreciation
Published: July 24, 2012
Tags: Chapter 7, exemption
The bankruptcy trustee was entitled to the post-petition appreciation in the value of estate assets that surpassed the amount of “wildcard” exemptions claimed by a Chapter 7 debtor, the 3rd Circuit has ruled in affirming judgment.
Arbitration clause can’t be enforced in bankruptcy
Published: July 12, 2012
Tags: arbitration, breach of contract, Chapter 7, Federal Arbitration Act
Parties to a business contract could not enforce an arbitration clause against another party to the agreement who filed for bankruptcy protection in response to being sued for fraud, the 9th Circuit has ruled in affirming judgment.
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.
