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In re Handy, 09-9021

By FindLaw Staff on October 22, 2010 4:41 PM

Bankruptcy Appellate Panel's affirmance of bankruptcy court order denying plaintiff's motion for relief from stay in a suit against a debtor affirmed

In re Handy, 09-9021, concerned a challenge to a Bankruptcy Appellate Panel's (BAP) decision affirming a bankruptcy court order denying plaintiff's motion for relief from stay of his suit against a debtor under the Uniform Fraudulent Transfer Act (UFTA).

In affirming, the court held that plaintiff has not stated a claim in rem.  Further, plaintiff's claim that he may pursue his fraudulent conveyance claim post-discharge is rejected.  Lastly, because plaintiff does not possess a claim in rem against debtor's residence, his claim that the bankruptcy court erred in holding that he was obliged to object to debtor's claim of a homestead exemption is not properly before the court.

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