Wednesday, April 30, 2014

In re Hussain, 4.15.14

Case: In re Hussain

Summary: Personal income tax records may be insufficient to allow discharge in a business owner's  Chapter 7 Bankruptcy, where such discharge is objected to under U.S.C. 727(a)(3).  A bounced check, even signed without an amount payable and without naming a payee, is a negotiable instrument that  can confer Creditor status on the eventual payee.

In re Allezeh 4.11.14

Case: In re Allezeh

Summary: Agreement between parties to extend the deadline for filing a complaint objecting to discharge under 11 U.S.C. 727 insufficient where Debtor later uses time bar as an affirmative defense.  Such deadline can only be extended by the court upon a motion by a party in interest.

Tuesday, April 29, 2014

In re Luedtke 4.9.14

Case: In re Luedtke

Summary:  The $200 "older vehicle operating expense" mentioned in the IRS Internal Revenue Manual is not part of the IRS National and Local Standards, and therefore cannot be claimed by Chapter 13 debtors.

Monday, April 28, 2014

This "Blog"

This "blog" is mostly an exercise in self-education.  The short- to mid- range goal of the project is to summarize all published opinions by the 9th Circuit BAP relatively shortly after they are published -- with a few older post- Stern v. Marshall opinions thrown in.