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Hoskins v. Citigroup (In re Viola)

Citation: 
Ninth Circuit Case No. 12-60032 (July 16, 2014) (Unpublished)
Ruling: 
A "transferee” under 11 U.S.C. § 550(a)(1) is one who has legal title to the funds and the ability to use them as the recipient sees fit. This is the "dominion test". Allegations of open and exclusive control through ...
Judge(s): 
SILVERMAN, W. FLETCHER, and BYBEE
Read on...

In re Cain

Citation: 
14 FED App.0005P (6th Cir.) (BAP)
Ruling: 
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s): 
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Read on...

Crawford v. Franklin Credit Mgmt Corp.

Citation: 
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling: 
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants' motion for summary judgment on other claims. Remanded for proceedings on ...
Judge(s): 
Kearse, Jacobs, and Lynch
Read on...

Neal v. First Alliance Bank

Citation: 
Neal v. First Alliance Bank, Case No. 13-6531 (July 9, 2014).
Ruling: 
Applying Tennessee law, the Sixth Circuit affirmed the District Court's decision sustaining the Chapter 7 Trustee's objection to the Debtors' attempt to exempt two annuities.
Judge(s): 
Guy, Kethledge, and Stranch
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Viegelahn v. Harris, III (In the Matter of Harris, III)

Citation: 
Case No. 13-50374 (5th Cir. July 7, 2014)
Ruling: 
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district court. Acknowledging the split in the courts ...
Judge(s): 
Benavides, Clement and Graves, Circuit Judges.
Read on...
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