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Beeman v. BGI (In re BGI)

Citation: 
Nos. 13-2226, 13-2288, 13-2300
Ruling: 
As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial consummation of a liquidating plan gives rise to a ...
Judge(s): 
Kearse, Straub, and Carney
Read on...

Nielsen v. ACS, Inc. (In re Nielsen)

Citation: 
Nielsen v. ACS, Inc (In re Nielsen), Case No. 13-6034 (8th Cir. BAP October 27, 2014)
Ruling: 
The Bankruptcy Appellate Panel affirmed the bankruptcy court's determination that the debtor's student loans were not dischargeable.
Judge(s): 
Federman, Schermer, and Saladino
Read on...

Deluca v. Cuomo (In re Cuomo)

Citation: 
BAP No. NV-13-1294
Ruling: 
In an unpublished opinion, the 9th Circuit BAP affirmed the imposition of asanction of the partial disgorgement of the fees of a Chapter 7 debtor's counsel for failure to list a known debt on the debtor's schedules.
Judge(s): 
Pappas, Jury, Houle
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Stratton v. Portfolio Recovery Assoc. LLC

Citation: 
Case No. 13-6574 (6th Cir 2014)
Ruling: 
When original lender enters into agreement with borrower to waive right to collect interest on debt, later debt buyer is bound by that agreement and cannot charge either statutory or contract interest. Debt buyer who acquired debt after lender waived ...
Judge(s): 
Stranch, Keith and Batchelder (dissenting)
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Derbabian v. Bank of America, N.A.

Citation: 
Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).
Ruling: 
The Sixth Circuit affirmed the District's Court's dismissal of plaintiffs' eight-count complaint relating to the foreclosure-by-advertisement of their home. Specifically, plaintiffs (i) failed to plead fraud with specificity, (ii) failed to state a claim for breach of contract because agreements relating ...
Judge(s): 
Cole, Keith, and Batchelder.
Read on...
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