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Topic: Bankruptcy Litigation

Ross v. Garcia (In re Garcia)

Citation: 
Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
Ruling: 
Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in the Bankruptcy Court declining to conduct an evidentiary hearing on the motion for ...
Judge(s): 
Deasy, Finkle, Cary
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U.S.A. v. Alfredo Pacheco-Martinez

Citation: 
USCA (1st Cir.) No. 13-2154
Ruling: 
Affirmed. Defendant Alfredo Pacheco- Martinez was convicted of various offenses arising from his multi-year effort to swindle scores of unsuspecting victims out of over a million dollars and to manipulate the U.S. Bankruptcy Code in order to shield his ...
Judge(s): 
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Aida M. Delgado-Colón, U.S. District Judge Before
Howard, Chief Judge,
Selya and Lynch, Circuit Judges
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Turner v. Wells Fargo Bank (In re Turner)

Citation: 
BAP No. NC-14-1139-KiTaD (June 2, 2015) (unpublished)
Ruling: 
Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
Judge(s): 
KIRSCHER, TAYLOR and DUNN, Bankruptcy Judges.
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Neff v. Flagstar Bank

Citation: 
Case No. 14-3837 (6th Cir. 2015)
Ruling: 
Borrower precluded from contesting foreclosure based on estoppel or misrepresentation based on lender's alleged statements that borrower did not need to defend foreclosure or that lender would modify loan, where borrower could not prove that but for alleged misrepresentation the ...
Judge(s): 
Moore, Cook and Cohn (District Judge)
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Siller v. Big Hill Logging and Road Building Company, Inc. (In re CWS Enterprises, Inc.)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case Nos. EC-14-1195-PaJuKu and EC-14-1273-PaJuKu (June 12, 2015)
Ruling: 
In the unpublished ruling from the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court on the basis that Charles Siller ("Siller") was the principal of the Debtor; therefore, acting as the debtor in possession during the ...
Judge(s): 
PAPPAS, JURY, and KURTZ, Bankruptcy Judges.
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Carroll, Jr. v. Abide

Citation: 
Carroll, Jr. v. Abide, No. 14-31230 (5th Cir. June 11, 2015)
Ruling: 
The Barton doctrine does not apply to claims arising from actions that a bankruptcy trustee takes pursuant to orders from a federal district court (as opposed to orders from a bankruptcy court). The Fifth Circuit vacated the district court's ...
Judge(s): 
Owen, Reavley, Higginson
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Hardy v. Fink (In re Hardy)

Citation: 
No. 14–1181 (8th Cir. June 2, 2015)
Ruling: 
Reversing the Bankruptcy Appellate Panel (BAP), the Court of Appeals for the Eighth Circuit held that a tax refund attributable to the federal Additional Child Tax Credit (ACTC) statute is a “public assistance benefit” under Missouri’s bankruptcy exemption statute. ...
Judge(s): 
Loken, Murphy, and Melloy, Circuit judges.
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Northbay Wellness Group, Inc. v. Beyries

Citation: 
Northbay Wellness Group, Inc. v. Beyries, No. 13-17381 (9th Cir. June 5, 2015)
Ruling: 
REVERSING the district court's affirmance of the bankruptcy court's conclusion that a judgment debt was non-dischargeable under section 523(a)(4) of the Bankruptcy Code, the Ninth Circuit Court of Appeals held that application of the unclean hands doctrine to absolve an ...
Judge(s): 
Milan D. Smith, Jr., Jacqueline H. Nguyen, and Michelle T. Friedland, Circuit Judges
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Betancourt v. Ballmer (In re Betancourt)

Citation: 
BAP No. CC-14-1010
Ruling: 
Decision of bankruptcy court that debtor's debt to plaintiff was non-dischargeable because the debtor willfully and maliciously injured the plaintiff when she transferred property to allegedly prevent plaintiff from collecting on his judgment, was vacated and remanded to the bankruptcy ...
Judge(s): 
Kirscher, Kurtz, & Davis
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Allen v. Absher (In re Allen)

Citation: 
Allen v. Absher, et al. (In re Allen), No. 14-1242 (10th Cir. May 27, 2015)
Ruling: 
The 10th Circuit affirmed the U.S. District Court for the District of Colorado, which affirmed the bankruptcy court's order approving the sale of debtor's stock in two oil companies to a creditor. The 10th Circuit found that debtor had not ...
Judge(s): 
Briscoe, Lucero, Matheson
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