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Topic: Consumer Bankruptcy

Metrou v. M.A. Mortenson Co. and Schuff Steel Co.

Citation: 
Metrou v. M.A. Morteson Co., No. 14-8030, --- WL --- (7th Cir. Mar. 23, 2015)
Ruling: 
In a matter of first impression at the appellate level and reversing the decision below, the Seventh Circuit declined to utilize judicial estoppel to cap a Chapter 7 trustee's potential recovery in an action at an amount equal to that ...
Judge(s): 
Easterbrook, Flaum, Williams
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Gerard v. Gerard

Citation: 
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling: 
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury) after giving preclusive effect to state court trial verdict in favor of ...
Judge(s): 
Manion, Rovner, and Hamilton
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Harris v. Bank of America (In re Harris)

Citation: 
Harris v. Bank of America (In re Harris) Case No. 13-60000 (9th Cir. March 9, 2015) (unpublished)
Ruling: 
Debtor-Appellant failed to plausibly allege facts that show he complied with the state law requirements; Debtor-Appellant failed to state with particularity the circumstances constituting alleged fraud; and it was not abuse of discretion for the bankruptcy court to dismiss Debtor-Appellant's ...
Judge(s): 
Murphy, Gould, and Tallman
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Nakhuda v. Mansdorf (In re Nakhuda)

Citation: 
Nakhuda v. Mansdorf (In re Nakhuda), BAP No. NC-14-1235-TaPaJu (B.A.P. 9th Cir. Mar. 2, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that (i) the bankruptcy court did not err in granting the chapter 7 trustee's requested relief on an ex parte basis, (ii) debtor was not authorized to ...
Judge(s): 
TAYLOR, PAPPAS, and JURY
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Wheeler v. Collier (In the Matter of Wheeler)

Citation: 
Case No. 14-30961 (5th Cir. Mar. 4, 2005)
Ruling: 
Fifth Circuit VACATED district court order insofar as it issued criminal sanctions and enjoined law firm because the minute entry was not sufficient notice that the hearing was being held for purpose of issuing criminal contempt sanctions or injunction. The ...
Judge(s): 
Smith, Prado and Owen, Circuit Judges
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Schlegel v. Billingslea, Jr. (In re Schlegel)

Citation: 
In re Schlegel, No. SC-14-1132-KiKuJu (9th Cir. B.A.P. Feb. 25, 2015).
Ruling: 
As a matter of first impression, a chapter 13 case may be dismissed for the debtors’ failure to pay the required percentage dividend to unsecured creditors, even if they make all required plan payments.
Judge(s): 
Ralph B. Kirscher, Frank L. Kurtz, and Meredith A. Jury, Bankruptcy Judges.
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Chesley v. RWW Properties, LLC (In re Chesley)

Citation: 
Chesley v. RWW Properties, LLC (In re Chesley), BAP No. NC-14-1070-JuTaPa (B.A.P. 9th Cir. Feb. 26, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the bankruptcy court's order denying debtor's motion for reconsideration, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion by (a) granting purchaser's motion to annul the automatic stay and (b) ...
Judge(s): 
JURY, TAYLOR, and PAPPAS
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Jenkins v. Mitelhaus (In re Jenkins and Ramey)

Citation: 
Jenkins v. Mitelhaus (In re Jenkins and Ramey), BAP Nos. CC-14-1185-PaTaD, CC-14-1258-PaTaD (Cross-Appeals) (B.A.P. 9th Cir. Feb. 20, 2015)
Ruling: 
REVERSING, in part, the bankruptcy court's judgment determining that Debtors' debt to real estate salesperson was excepted from discharge under section 523(a)(4), AFFIRMING the bankruptcy court's judgment determining that such debt was excepted from discharge under section 523(a)(6), and AFFIRMING ...
Judge(s): 
PAPPAS, TAYLOR, and DUNN
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Hill v. Jankowski (In re Dey)

Citation: 
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling: 
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a trustee’s preference suit after the trustee filed a Rule 60(b) motion ...
Judge(s): 
Thurman, Cornish, Jacobvitz
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Fahey v. Massachusetts Department of Revenue (In re Fahey) and other consolidated cases

Citation: 
Fahey v. MA Dept of Revenue (In re Fahey), --- F.3d --- (1st Cir. Feb. 18, 2015)
Ruling: 
Unpaid taxes due on Massachusetts state income tax return filed after the statutory filing date cannot be discharged in bankruptcy under 11 U.S.C. 523(a). While section 523(a) a tax is not dischargeable if the debtor filed a "return," here the ...
Judge(s): 
Torruella, Thompson, and Kayatta
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