A bankruptcy judge lacked the constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to a bankruptcy estate, the 9th Circuit has ruled.
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.
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.
Chapter 7 debtors could claim homestead exemptions under a state law that is bankruptcy-specific, the 6th Circuit has ruled.
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.
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.
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.
The proceeds from a couple’s post-petition sale of their homestead must be included in their bankruptcy estate, the 9th Circuit has ruled.
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.
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.