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Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

Citation: 
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling: 
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert claims that are property of the estate and ...
Judge(s): 
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Read on...

Lawless v. Newton, Jr (In re Lawless)

Citation: 
File name 14a0928n.06; Docket No. 14-5290
Ruling: 
The Sixth Circuit affirmed the Bankruptcy Court for the Eastern District of Tennessee, which held that because the debtor could elect to take a lump sum distribution of his retirement funds, it was excluded from the Tennessee statute which exempted ...
Judge(s): 
Siler, Sutton and McKeague; opinion by McKeague
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Wolff v. U.S.A. (In re Firstpay, Inc.)

Citation: 
No. 13-2116 (4th Cir. Dec. 12, 2014)
Ruling: 
Affirming that the trustee in bankruptcy may not recover the approximately $28 million transferred by the debtor to the IRS during the 90 days preceding the filing of the bankruptcy petition where the debtor lacked an equitable interest in the ...
Judge(s): 
Davis, Motz and Diaz
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Picard v. Ida Fishman Revocable Trust (In re Bernard Madoff Investment Securities LLC)

Citation: 
12-2557-bk(L)
Ruling: 
SIPA Trustee's avoidance claims to recover fictitious profits paid by Bernard L. Madoff Securities LLC to hundreds of customers were not avoidable and fell within the section 546(e) safe harbor because such payments constituted securities-related payments. Section 546(e) applied ...
Judge(s): 
Parker, Lynch and Droney
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Banner Bank v. Johns (In re Johns)

Citation: 
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based on the stipulated facts; there is no “danger” ...
Judge(s): 
Hon. Kirscher, Dunn, and Jury
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