Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Practice Area opinion / Bankruptcy Law opinion (page 3)

Bankruptcy Law opinion

Bankruptcy: Dischargeability Of Claims-Default Judgment-Preclusive Effect

Where creditors challenged an order directing the entry of summary judgment in favor of the debtors on a motion to determine the dischargeability of their claims, the judgment is affirmed because the creditors abandoned the claim by withdrawing their motion ...

Read More »

Bankruptcy: Adversary Proceeding-Willful Violation of Automatic Stay-Discrimination

Plaintiff appealed the district court’s grant of summary judgment to defendant. On appeal, plaintiff argued that defendant willfully violated the automatic stay and committed discrimination under 11 U.S.C. §525(a). Where a municipality took no action on an arrest warrant taken ...

Read More »

Bankruptcy: Appellate Jurisdiction-Mandamus Relief-Interlocutory Appeal

Plaintiff appealed from the district court’s dismissal of her interlocutory appeal from bankruptcy court orders, requesting mandamus relief. Where there was no final judgment entered in the bankruptcy case, the court lacked jurisdiction to hear plaintiff’s case and denied mandamus ...

Read More »

Bankruptcy: Eligibility-Credit Counseling Requirement-Refiling Bar

  Where a debtor challenged the dismissal of her bankruptcy case, the judgment is affirmed because the debtor failed to file a certificate of completion stating that she had received the required credit counseling, so she did not meet the ...

Read More »

Bankruptcy: Bifurcation of Secured Claim-Manufactured Home-Anti-Modification Provision

  Debtors filed for Chapter 13 bankruptcy; their plan proposed that appellant’s secured claim in debtor’s manufactured home would be bifurcated into secured and unsecured parts. The bankruptcy court overruled appellant’s objection, ruling that the anti-modification provision of the bankruptcy ...

Read More »

Bankruptcy: Judicial Lien-Enforceability

Where appellant argued that the bankruptcy court erred in granting a debtor’s motion to avoid its judicial lien, the cloud on title created by the appellant’s recording of its judgment fastened an existing but presently unenforceable line on the property, ...

Read More »

Bankruptcy: Bankruptcy Discharge Injunction-Contempt-Preclusive Effect

Plaintiffs appealed the district court’s order affirming the bankruptcy court’s order holding plaintiffs in contempt for violating a final bankruptcy-discharge injunction. On appeal, plaintiffs argued that an earlier bankruptcy court order and related state court judgments ruling that plaintiffs could ...

Read More »