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Bankruptcy Law

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 ...

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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 ...

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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 ...

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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 ...

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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, ...

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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 ...

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Bankruptcy: Class-Action Settlement-Cy Pres Distribution-Disgorgement of Attorneys’ Fees

Petitioner filed a claim against debtor, which acted as class counsel in petitioner’s securities class action. Debtor’s chosen claims administrator fraudulently asserted claims of more than $5.8 million. After distributions to the class, debtor successfully obtained a cy pres distribution ...

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