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Utzman v. Suntrust Mortgage, Inc. (In re Utzman)

Citation: 
NC-15-1331-TAJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying motion from chapter 11 debtors for reconsideration of an order granting stay relief for cause, including lack of equity and lack of adequate protection, ...
Judge(s): 
Taylor, Jury, Kirscher
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Smith v. Lerner, Sampson & Rothfuss, L.P.A., et al

Citation: 
File Name:16a0470n.06; No. 15-3563
Ruling: 
The Sixth Circuit Court of Appeals affirmed the decision of the district court which held that the borrower's claims against the defendants for an FDCPA violation were untimely and the borrower's claim against the defendants under RICO were barred by ...
Judge(s): 
Boggs, Rodgers and Berg- District Judge sitting by designation
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PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

Citation: 
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling: 
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision, affirmed and upheld lower court judgments which re-characterized debt ...
Judge(s): 
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
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State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

Citation: 
--- F.3d ---- (11th Cir. 2016)
Ruling: 
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). Accordingly, creditor was prohibited from intercepting debtor's post-confirmation expense reimbursement ...
Judge(s): 
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
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Soames Lane Trust v. Gonzalez (In re Soames Lane Trust)

Citation: 
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)
Ruling: 
Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently arguing that the case should be dismissed ...
Judge(s): 
Faris, Dunn & Kurtz
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