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Milgroom v. United States

Citation: 
Fed. Cir. decided June 10, 2016
Ruling: 
The US Court of Appeals for the Federal Circuit affirms the United States Court of Federal Claims dismissal of the complaint for lack of subject matter jurisdiction. (disposition nonprecedential). plaintiff's claims were a collateral attack on the final judgments of ...
Judge(s): 
Prost, Plager and Lourie
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Barney v. Bank of America (In re Gifford)

Citation: 
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling: 
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Judge(s): 
Birscoe, Lucero, Phillips
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Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

Citation: 
-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION
Ruling: 
Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the Bankruptcy Court did not abuse discretion when it ordered a one year ...
Judge(s): 
KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.
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Kirkland v. Rund (In the Matter of EPD Investment Company, LLC)

Citation: 
-- F.3d -- (9th Cir. 2016)
Ruling: 
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline to enforce otherwise applicable arbitration provisions only if arbitration would conflict ...
Judge(s): 
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
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Nelson v. Fifth Third Bank, et al. (In re Brunsman, Jr.)

Citation: 
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling: 
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is discouraged in the Sixth Circuit. The better practice ...
Judge(s): 
Harrison, Opperman, Wise
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