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Westlaw Case Updates

Cir. 5
Reed v. City of Arlington (09-17)
Chapter 7 bankruptcy in which debtors omitted a pending $1 million-plus judgment from their sworn statements and bankruptcy filings. The district court’s order discharging debtors is reversed to protect the integrity of the judicial processes, and estoppel barred the trustee from collecting.

Cir. 6
Deutsche Bank Nat’l Trust v. Tucker (09-15)
Bankruptcy court’s judgment sustaining debtor’s claim that she only needed to cure the portion of her default that is secured and that the fees and expenses in connection with her underlying mortgage should be treated as unsecured amounts is vacated and remanded. Bank’s fees and advances allowed under the parties’ agreement and non-bankruptcy law must be included in the cure amount.

Cir. 9
In re: Gebhart (09-14)
Where the value of debtors’ home increased, giving rise to nonexempt equity, the court’s order approving appointment of a real estate broker to sell the home for the benefit of the estate is affirmed where the fact that the value of the claimed exemption plus the amount of the encumbrances on the debtor”s residence was, in each case, equal to the market value of the residence at the time of filing the petition did not remove the entire asset from the estate.

Cir. 10
In re: Dittmar (09-14)
In bankruptcy trustees’ appeal from the judgment of the bankruptcy appellate panel holding that debtors’ stock appreciation rights (SARs) were not part of debtors’ bankruptcy estates under 11 U.S.C. section 541, the order is reversed where: 1) while the value of the SARs before any payment event occurred may have been de minimis that did not mean that debtors did not have a property interest in the SARs; and 2) the SARs created by the collective bargaining agreement at issue were more akin to contingent pre-petition property rights than mere expectancies based on discretionary bonuses.
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  • MikeMatthews@bankruptcy

    Nice Post…when we talk about chapter 7, Many people who come to see us think that it is the best form of bankruptcy. This is not true. There is no best form of bankruptcy. The form of bankruptcy that’s right for you is the best one for you. Sometimes no bankruptcy at all is the better choice.