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Jalonowski v. Jean (In re Jean)

Citation: 
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and objection to confirmation of debtor's plan. The appellants argued that debtors petition ...
Judge(s): 
KURTZ, PAPPAS and JURY, Bankruptcy Judges
Read on...

Bugg v. Gray (In re Gray)

Citation: 
Bugg v. Gray (In re Gray), 2014 WL 6611089 (8th Cir. BAP November 24, 2014)
Ruling: 
Bankruptcy court order awarding damages for willful violation of the automatic stay was affirmed as to actual damages but reversed as to punitive damages because there was no evidence of egregious, intentional misconduct.
Judge(s): 
Federman, Kressel, and Schermer
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Rivera v. Deutsche Bank (In re Rivera)

Citation: 
NC-13-4615
Ruling: 
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The bankruptcy court dismissed the entire complaint without leave to amend, holding ...
Judge(s): 
Kurtz, Pappas & Jury
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State Bank of Toulon v. Covey (In re Duckworth)

Citation: 
In Re: David L. Duckworth, State Bank of Toulon v. Charles E. Covey, Ch. 7 Trustee for David L. Duckworth, Case Nos. 14-1561 and 14-1650 (7th Cir. Nov. 21, 2014) (unpublished)
Ruling: 
Parol evidence cannot be used against a bankruptcy trustee to reform a security agreement or to correct the mistaken identification of the debt to be secured. The lender cannot obtain reformation under the composite document rule because a bankruptcy ...
Judge(s): 
Flaum, Rovner, Hamilton
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Haig v. Shart (In re Shart)

Citation: 
9th Cir. BAP No. CC-14-1065-SpDTa (November 14, 2014)
Ruling: 
Clear error is not demonstrated by pointing to conflicting evidence in the record. Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. Appellant (creditor) must establish a debtor's individual culpability rather than ...
Judge(s): 
SPRAKER, DUNN and TAYLOR
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