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Francis v. McLaughlin (In re Francis)

Citation: 
Francis v. McLaughlin et al. (In re Francis), Case No. AZ-12-1281 (BAP 9th Cir. July 12, 2013)
Ruling: 
9th Circuit BAP affirmed in part, also vacating and remanding in part. In reviewing the grant of a motion for summary judgment on a dischargeability suit based upon the preclusive effect of an Arizona default judgment, the BAP concluded that ...
Judge(s): 
Judges Ahart, Jury, and Taylor
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Abdul-Rahim v. LaBarge (In re Abdul-Rahim)

Citation: 
Abdul-Rahim v. LaBarge (In re Abdul-Rahim), Case No. 12-3448 (8th Cir. 2013)
Ruling: 
Eighth Circuit affirmed the BAP's decision which had affirmed the bankruptcy court's ruling that the holding of In re Benn, 491 F.3d 811 (8th Cir. 2007), compelled the conclusion that the debtor's unliquidated personal injury claim may not be exempted ...
Judge(s): 
Wollman, Beam, and Murphy
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Palomar v. First American Bank

Citation: 
(7th Cir., No. 12-3492)
Ruling: 
Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in Chapter 13 is a partial offset to the advantages that Chapter 13, relative ...
Judge(s): 
Posner, Manion, and Rovner
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Perry v. Key Auto Recovery (In re Perry)

Citation: 
2013 WL 3369310 (B.A.P. 9th Cir. July 2, 2013)
Ruling: 
Affirming the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held that the bankruptcy court did not abuse its discretion when it declined the debtor’s request for a hearing on his second motion for reconsideration and instead entered ...
Judge(s): 
Hon. Randall L. Dunn; Hon. Ralph B. Kirscher; Hon. Jim D. Pappas (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Geraldine Mund (Bankruptcy Judge for the Central District of California)
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Hamilton v. Charalambous (In re Charalambous)

Citation: 
BAP No. CC-13-1042-PaDKi (B.A.P. 9th Cir. July 3, 2013)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order denying creditor-plaintiff's request for attorney's fees in connection with an adversary proceeding and REMANDED the matter back to the bankruptcy court for a determination of fees.
Judge(s): 
PAPPAS, DUNN, and KIRSCHER
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