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Weilert v. Gwartz (In re Weilert)

Citation: 
In re Weilert, No. EC-15-1144-JuDTa (9th Cir. B.A.P. July 8, 2016). Not for publication.
Ruling: 
The lien of a judgment is avoidable under 522(f)(1)(A) even if the property is held in a trust of which the debtor is trustor, trustee, and beneficiary.
Judge(s): 
Meredith A. Jury, Randall B. Dunn, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
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Salven c. Galli (In re Pass)

Citation: 
Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)
Ruling: 
The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the estate which the chapter 7 trustee sought to sell ...
Judge(s): 
Dunn, Taylor, Jury
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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NC-15-1331-TAJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)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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