15 results for 'cat:"Bankruptcy" AND cat:"Property"'.
J. Hanes finds the bankruptcy court properly denied an exemption to the debtor's home - owned jointly with his wife as tenants by the entirety - from the bankruptcy estate to the extent of his outstanding tax debt to the Internal Revenue Service. Property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate. Affirmed.
Court: 4th Circuit, Judge: Hanes, Filed On: April 17, 2024, Case #: 22-1964, Categories: bankruptcy, property
J. Spraker upholds the bankruptcy court's order sustaining a creditor's objection to a debtor's homestead exemption claim. Under California law, two structures on one property - one the debtor's home and the other a rental - are not considered a single unit for homestead exemption purposes. Affirmed.
Court: 9th Circuit, Judge: Spraker, Filed On: March 29, 2024, Case #: CC-23-1120-SGC , Categories: bankruptcy, property
J. Bulla finds the district court improperly found for an attorney in this bankruptcy and property dispute. The bankruptcy court placed a lien on property purchased with funds misappropriated from the family trust. Though the attorney is entitled to enforce any remainder of the lien, he is not entitled to a constructive trust, title to the property, or recovery for fraudulent transfer or conversion. The district court failed to recognize the preclusive effect of prior orders, and factual disputes remain. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: November 22, 2023, Case #: 84908-COA, Categories: bankruptcy, Fraud, property
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J. Higginson finds the bankruptcy court properly denied the law firm’s motion to dismiss the adversary proceeding seeking to recover a transfer of the $1 million insurance policy proceeds already received by the firm and its client. The family of one of two individuals killed in a collision with a tractor owned by the debtor filed suit against the debtor, with the other family making a successful Stowers demand, through the law firm, for the $1 million limit of the policy. The debtor’s equitable interest in the insurance proceeds, allowed in “limited circumstances” such that the proceeds can be classified as property, are unaffected by the pre-petition transfer. A transfer of the debtor’s property has been properly alleged. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 6, 2023, Case #: 23-40125, Categories: bankruptcy, Insurance, property
J. Lohier finds the district court properly dismissed an appeal from bankruptcy court decision declining to transfer real property since the county did not timely object to the designation of an annuity as exempt. The county took title prior to sale and thus neither bidding rules nor procedures could have inured to the benefit of the debtor other than the county.
Court: New York Court Of Appeals, Judge: Lohier, Filed On: September 29, 2023, Case #: 21-2917, Categories: bankruptcy, property
[Consolidated.] J. Kernodle affirms the judgment of the bankruptcy court relating to the sale of a property owned by the debtor entities. A trustee sought to set aside the sale order for lack of adequate notice, but it was not a creditor or party in interest entitled to actual notice. Also, the debtors' notice to sell the property that was published in a newspaper constituted constructive notice that satisfied due process.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: September 20, 2023, Case #: 4:22cv711, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, property, Due Process
J. Aenlle-Rocha grants the lessee $119,200 in attorney fees as the prevailing party in the various companies' appeals of the Bankruptcy Court’s order granting the lessee’s motion to assume the lease and sublease of four floors and a basement of a central Lose Angeles property. The lessee’s requested hourly rates for its attorneys are reasonable because they are skilled lawyers whose hourly rates reflect their knowledge and quality of service, and the lessee provides copies of its attorneys’ billing records to prove it.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: September 20, 2023, Case #: 2:20cv10656, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, property, Attorney Fees
J. Chasanow partially affirms the bankruptcy court’s partial summary judgment granted to a debtor who filed for bankruptcy after his property was bid upon by a buyer when the debtor didn’t pay his property taxes. The buyer bid on the property but did not pay the full amount before the debtor filed for bankruptcy, preventing completion of the sale. The bankruptcy court was correct in granting partial summary judgment, so foreclosure is avoided and the title stays with the debtor.
Court: USDC Maryland, Judge: Chasanow, Filed On: August 11, 2023, Case #: 8:22cv2694, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, property, Foreclosure
J. Hawkins finds that the district court properly affirmed a bankruptcy court order concerning the pre-conversion increases in the equity of a home belonging to the bankruptcy estate, rather than to debtors. Affirmed.
Court: 9th Circuit, Judge: Hawkins, Filed On: July 28, 2023, Case #: 22-35604, Categories: bankruptcy, property
J. Hicks affirms a bankruptcy court ruling against a Kansas contractor, holding that non-debtor litigants in Kansas City did not violate the lower court’s order by filing suit in a Kansas state court to determine certain interests and rights in land ownership. Because the non-debtors did not violate the bankruptcy court’s stay order, there is no legal basis to find the Kansas litigation is legally void. Affirmed.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 11, 2023, Case #: 5:22cv5769, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Civil Procedure, property
J. Watson dismisses the sued dairy companies’ appeal to review a bankruptcy court order calling for the companies to return cattle and other property to the suing dairy company. Immediate review is unnecessary as “there is nothing in the record here demonstrating that review of the March 13 order in the ordinary course of litigation (upon final judgment or decree) would cause irreparable harm.”
Court: USDC Hawaii, Judge: Watson, Filed On: July 11, 2023, Case #: 1:23cv147, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, property