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Topic: Consumer Bankruptcy

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 CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)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In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks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
Read on...

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9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]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
Read on...

Khan v. Barton (In re Khan)

Citation: 
Khan v. Barton (In re Khan), BAP Nos. CC-14-1021-TaDKi, CC-14-1041-TaDKi, CC-14-1062-TaDKi (B.A.P. 9th Cir. Dec. 9, 2014)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that mandatory subordination of creditor's claims was not required and that the bankruptcy court did not err in overruling debtors' respective claims objections and dismissing adversary proceedings ...
Judge(s): 
TAYLOR, DUNN, KIRSCHER
Read on...

Gray v. Warfield (In re Gray)

Citation: 
Gray v. Warfield (In re Gray), BAP No. AZ-13-1502-JuKiD (BAP 9th Cir. 2014)
Ruling: 
The 9th Cir. BAP, applying Law v. Siegel, 134 S. Ct. 1188 (2014), ruled that the bankruptcy court has no discretion to deny a debtor's claimed exemptions based on a finding that debtors amended their exemptions in bad faith, unless ...
Judge(s): 
Jury, Kirscher, Dunn
Read on...

Starky v. Birdsell (In re Starky)

Citation: 
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling: 
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from conducting his investigation; therefore, Trustee complied with his duties ...
Judge(s): 
Hon. Dunn, Jury, and Kirscher
Read on...

Miller v. Reaves (in re Miller)

Citation: 
Miller v. Reaves (in re Miller), BAP No. AZ-13-1307-JuKiD (B.A.P. 9th Cir. Dec. 5, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order granting the chapter 7 trustee's motion seeking to revoke the section 554(c) technical abandonment of debtor's income tax refund and REMANDED the matter so that the bankruptcy ...
Judge(s): 
JURY, KIRSCHER, and DUNN
Read on...

Witkowski v. Boyakian

Citation: 
United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
Ruling: 
The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure to make payments to the chapter ...
Judge(s): 
Tester, Godoy and Harwood
Read on...

In re Doyne

Citation: 
Case No. 14-8004 (6th Cir. BAP 2014)
Ruling: 
Bankruptcy Court did not abuse discretion in denying creditor's Motion for Extenstion of Time to file Complaint to object to Discharge under Section 523.
Judge(s): 
Harrison, Humphrey & LLoyd
Read on...

Ellis v. Yu (In re Ellis)

Citation: 
NC-14-1052-PAJuKu (B.A.P. 9th Cir. November 19, 2014)
Ruling: 
The BAP panel dismissed appeal as moot. After filing the appeal, Debtor's Chapter 13 case was converted to a Chapter 7 and a discharge was entered. The BAP held it could not exercise jurisdiction over a moot appeal ...
Judge(s): 
BAP Panel: Pappas, Jury, and Kurtz.
Read on...
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