The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Sanders v. Cohen (In re Sanders)

Citation: 
Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)
Ruling: 
Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.
Judge(s): 
Faris, Kirscher, Kurtz
Read on...

Owens v. LVNV Funding, LLC

Citation: 
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling: 
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection Practices Act. Dissent: ...
Judge(s): 
Flaum & Bauer, with Wood dissenting.
Read on...

An v. Kwon (In re An)

Citation: 
In re An, No. CC-16-1001-KuFKi (9th Cir. B.A.P. July 27, 2016). Not for publication.
Ruling: 
A California state-court judgment awarding damages for wrongful possession of real property can support a 523(a)(6) judgment for willful and malicious injury.
Judge(s): 
Frank L. Kurtz, Robert J. Faris, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
Read on...

Sui v. Marshack (In re Sui)

Citation: 
Sui v. Marshack (In re Sui), Case No. CC-16-1053-KuFKi (9th Cir. BAP, Jul. 26, 2016) (unpublished)
Ruling: 
Bankruptcy court order authorizing chapter 7 trustee to offset contempt sanctions against non-debtor spouse's interest in proceeds from the sale of a residence vacated, and case remanded for further proceedings.
Judge(s): 
Kurtz, Faris, Kirscher
Read on...

Rouse v. Rauch (In re Spence)

Citation: 
No. 16-6004 (BAP 8th Cir. Aug. 4, 2016)
Ruling: 
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (W.D. Mo. - Springfield) holding that a sheriff's posting of execution application and order on boat slip was sufficient notice of levy under Missouri law and created ...
Judge(s): 
Kressel, Saladino, Nail
Read on...
Syndicate content