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Lane v. Lane

Citation: 
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling: 
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors, whose rights the trustee enforces. Since the ...
Judge(s): 
Lucero, Matheson, Bacharach (Lucero)
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In re Tench

Citation: 
Case No. 15-8026 (6th Cir. BAP 2016)
Ruling: 
There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not ...
Judge(s): 
Delk, Humphrey, Opperman
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Emmert, et al. v. Taggart (In re Taggart)

Citation: 
BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)
Ruling: 
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by applying an incorrect legal standard. The BAP ruled that bankruptcy ...
Judge(s): 
Jury, Kirscher, Faris
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Scheer v. The State Bar of California, et al. (In re Scheer)

Citation: 
In re Scheer, No. 14-56622 (9th Cir. Apr. 15, 2016).
Ruling: 
An arbitration award against a debtor-attorney for an improperly collected client fee is dischargeable under 523(a)(7). Published.
Judge(s): 
Marsha S. Berzon and John B. Owens, Circuit Judges, and Algenon L. Marbley, District Judge for the Southern District of Ohio, sitting by designation.
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Billings v. Propel Financial Services

Citation: 
14-51326, consolidated with 15-50199, 15-50340, 15-50437 USCA Fifth Circuit
Ruling: 
The transfer of a tax lien does not constitute an extension of “credit” that is subject to the Truth in Lending Act. In addition to TILA, this case concerns the Homeowner Equity and Protection Act (“HOEPA”). See 15 U.S.C. §§ ...
Judge(s): 
BARKSDALE, CLEMENT, and HAYNES, Circuit Judges.
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