Petitioner s father established a trust for the benefit of petitioner and his siblings, and made petitioner the (nonprofessional) trustee. The trust s sole asset was the father s life insurance policy. Petitioner borrowed funds from the trust three times; all borrowed funds were repaid with in...   MORE>>

In this case, a Chapter 13 bankruptcy trustee, Timothy Branigan (the "Trustee"), challenges confirmation orders, entered by the bankruptcy court and affirmed by the district court, stripping off junior liens against debtors residences. The Trustee argues that the Bankruptcy Abuse Prevention and C...   MORE>>

Thomas Cawley, a creditor of Athens/Alpha Gas Corporation, appeals a decision of the Bankruptcy Appellate Panel affirming the bankruptcy court s denial of his motion to determine claims. Following the bankruptcy court s confirmation of the debtor corporation s reorganization plan in 2005, Cawl...   MORE>>

This is an appeal of a bankruptcy court s order granting the Debtor-Defendant s motion to dismiss an adversary proceeding as untimely. For the reasons stated below, we reverse. FACTS AND PROCEDURAL HISTORY On May 21, 2012, Dr. Corwin D. Petty and Rachel R. Petty filed a case under Chap...   MORE>>

Appeal from a final judgment of the United States District Court for the Northern District of New York (Suddaby, J.) finding that defendant-appellant SEFCU violated the Bankruptcy Code s automatic stay provision, 11 U.S.C. 362, and remanding to the Bankruptcy Court (Littlefield, J.) for a deter...   MORE>>

National Bank of Kansas City ( NBKC ) appeals from a grant of summary judgment by the bankruptcy court in favor of Bank of the West ( BOW ), rejecting NBKC s requests for equitable relief, and ruling that BOW had a first priority lien on a piece of the debtor s equipment and is entitled ...   MORE>>

This case presents the question whether a debtor s prebankruptcy transfer of funds to its sole shareholder, in repayment of a purported loan, may be a constructively fraudulent transfer under 11 U.S.C. 548(a)(1)(B). In order to answer this question, we must determine whether a bankruptcy court ...   MORE>>

need not be used to pay pre-retirement debts. This policy is implemented through 11 U.S.C. 522(b)(3)(C) and (d)(12), which exempt retirement funds from creditors claims in bankruptcy. This appeal presents the question whether a non-spousal inherited individual retirement account ( inherited I...   MORE>>

Debtor David L. Juve ("Debtor") appeals the final judgment of the bankruptcy court awarding David Heide ("Heide") $350,490.00 and determining that amount to be nondischargeable under 11 U.S.C. 523(a)(2)(A). We have jurisdiction over this appeal pursuant to 28 U.S.C. 158(b). For the reasons set...   MORE>>

John C. Wooley and Jeffrey J. Wooley appeal the denial of their motion to pursue post-confirmation causes of action on behalf of a reorganized debtor. Because the Wooleys lack standing to pursue the actions, we AFFIRM. Background In August 2004, SI Restructuring, Inc. (f/k/a Schlotzsky s...   MORE>>