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Topic: Consumer Bankruptcy

Velasquez v. Bank of America, N.A. (In re Velasquez)

Citation: 
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling: 
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity and amount, and debtor failed to present adequate ...
Judge(s): 
Taylor, Jury, Kirscher
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Velasquez v. Burchard (In re Velasquez)

Citation: 
9th Cir. BAP No. NC-15-1175-TaJuKi (August 9, 2016) (unpublished)
Ruling: 
9th Cir. BAP affirmed bankruptcy court's dismissal of Chapter 13 case under Section 1307(c)(1) due to unreasonable delay detrimental to creditors.
Judge(s): 
TAYLOR, JURY, and KIRSCHER
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Hennigan v. Smith (In the Matter of Smith)

Citation: 
Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)
Ruling: 
AFFIRMED lower courts' orders and upheld the debtor's homestead exemption, even though the debtor clearly intended to sell the property and move back to Australia. "The fact that a party desires to sell the property and move does not ...
Judge(s): 
(per curiam) Jolly, Davis, Southwick
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Hundal v. Bronitsky (In re Hundal)

Citation: 
Hundal v. Bronitsky (In re Hundal), No. NC-15-1257-JuKiTa (9th Cir. BAP Aug. 16, 2015) (unpublished)
Ruling: 
Bankruptcy court order dismissing debtor's chapter 13 case after debtor failed to comply with court-imposed filing deadline affirmed.
Judge(s): 
Jury, Kirscher, Taylor
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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 Not for publication.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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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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State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

Citation: 
--- F.3d ---- (11th Cir. 2016)
Ruling: 
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). Accordingly, creditor was prohibited from intercepting debtor's post-confirmation expense reimbursement ...
Judge(s): 
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
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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
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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.
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