In re Handy, 09-9021

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.

Related Link:

• Read the First Circuit's Full Decision in In re Handy, 09-9021