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Mercado v, Combined Investments, LLC

Citation: 
BAP No. MB 14-030
Ruling: 
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under this prong of § 362(d)(2)(B) cannot be fulfilled by ...
Judge(s): 
Deasy, Kornreich and Finkle
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Davis v. U.S. Bank, N.A. (In re Davis)

Citation: 
Davis v. U.S. Bank, N.A. (In re Davis), No. 12-60069 (9th Cir. Feb. 17, 2015)
Ruling: 
The 9th Circuit affirmed the ruling of the BAP, which had affirmed the ruling of the bankruptcy court, dismissing debtor's chapter 12 bankruptcy because debtor's debts exceeded the statutory limit. The 9th Circuit agreed that even though debtor had discharged ...
Judge(s): 
Graber, Gould, Callahan
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Running v. Miller (In re Miller)

Citation: 
No. 13-3682 (8th Cir. Feb. 13, 2015).
Ruling: 
Funds taken from an individual retirement account for the purpose of purchasing an annuity retain their exempt status under 11 U.S.C. § 522(b)(3)(C) as “retirement funds…in a fund or account that is exempt from taxation under [28 U.S.C. § ...
Judge(s): 
Murphy, Smith, and Gruender.
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Lydon v. T&N Limited

Citation: 
United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
Ruling: 
Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims were assigned, compelled the conclusion that all such claims ...
Judge(s): 
Lynch, Stahl and Kayatta
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Eugenio v. Continental Pacific, LLC (In re Eugenio)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel, No. HI-13-1459-KuJuKi (February 5, 2015)
Ruling: 
Order affirming ruling denying motion for reconsideration pursuant to FRCP 60(b) and FRBP 9024 of order granting summary judgment. The BAP rejected arguments that the proceeding was improperly removed from state court and that the state court's prior ruling ...
Judge(s): 
Kurtz, Jury and Kirscher
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