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Bankruptcy Law opinion

Bankruptcy: Foreign Judgment Registration-Set Aside-Finality of Orders

Where a law firm challenged a judgment setting aside the registration of an order of the bankruptcy court awarding the firm fees and expenses in the debtor’s bankruptcy proceeding, the debtor failed to comply with the provisions of the law ...

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Bankruptcy: Standing-Jurisdiction

Where parties to a bankruptcy proceeding disputed whether claims against the creditors were barred by an injunction against claims that interfered with the implementation of the bankruptcy plan, the dismissal of the federal claims for lack of standing is affirmed, ...

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Bankruptcy: Avoidance and Recovery-Preferences-Contemporaneous Exchange

Where a trustee filed an adversary proceeding seeking avoidance and recovery of certain payments to Wells Fargo as preferences, the court properly interpreted the consignment arrangement and applied it correctly to determine new value, and the court did not err ...

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Bankruptcy: Fraudulent Transfer-Spouse’s Discharge-Extinguished Liability

Where a creditor, which held a fraudulent transfer judgment against a debtor for transfers that she received from her husband, the discharge of the debtor’s spouse did not extinguish her liability, and the claim against the debtor resulted from the ...

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Bankruptcy: Automatic Stay-Relief-Appellate Jurisdiction

Debtor appealed the bankruptcy court’s order granting petitioners relief from the automatic bankruptcy stay. Debtor had contracted with petitioners to construct improvements for petitioners’ home. Petitioners obtained a default judgment against debtor for breach of contract. Petitioners later purchased debtor’s ...

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Bankruptcy: Exemption-“Retirement Funds”

Where a debtor argued that his interests in his ex-wife’s individual retirement account and 401(k) were exempt as “retirement funds,” the bankruptcy court properly disallowed the exemption because his interest had not been transferred to an account in his name, ...

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