United States First Circuit

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), is affirmed where: 1) plaintiff has not stated a claim in rem; 2) plaintiff's claim that he may purse his fraudulent conveyance claim post-discharge is rejected; and 3) 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.

Appellate Information

• Decided 10/22/2010
• Published 10/22/2010

Judges

• LYNCH

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stanley Greenberg