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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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Pirani v. Baharia (In the Matter of Pirani)

Citation: 
--- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
Ruling: 
Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the bank’s rights to collect a $828,000 deficiency from six co-guarantors did ...
Judge(s): 
Higginbotham, Southwick, Higginson (opinion by Higginson)
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Hooshim, et al. v. Wolkowitz (In re Kim)

Citation: 
In re Kim, No. CC-15-1273-TaKuF (9th Cir. B.A.P. May 2, 2016). Not-for-publication memorandum.
Ruling: 
A trustee may not avoid a lien as a fraudulent transfer after selling the property subject to (i.e., not free and clear of) the lien.
Judge(s): 
Laura S. Taylor, Frank L. Kurtz, and Robert J. Farris, Bankruptcy Appellate Panel Judges.
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Sheehan v. Saoud, et al.

Citation: 
Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)
Ruling: 
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s): 
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
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Johnson v. Midland Funding, LLC

Citation: 
No. 15-11240 (11th Cir. May 24, 2016)
Ruling: 
In a consolidated appeal, the Eleventh Circuit reversed dismissal of two actions brought under the Fair Debt Collection Practices Act (FDCPA) by Chapter 13 debtors given that the claimant-debt collectors filed proofs of claim knowing that the underlying claims against ...
Judge(s): 
Eleventh Circuit Judges Wilson and Martin, and visiting Fifth Circuit Judge Patrick Higginbotham.
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