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Topic: Consumer Bankruptcy

Cirilli v. Bronk (In re Bronk)

Citation: 
Cirilli v. Bronk (In re Bronk), Nos. 13-1123 & 13-1516, --- WL --- (7th Cir. Jan. 5, 2014)
Ruling: 
Applying Wisconsin law, the Court reversed the ruling that only account beneficiaries and not account owners could exempt college savings accounts and affirmed the ruling that the annuity in question comprised an exempt "retirement benefit". The Court found that ...
Judge(s): 
Sykes, Manion, Kanne
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Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera)

Citation: 
Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)
Ruling: 
AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in default is not permitted to challenge pending nonjudicial foreclosure proceedings ...
Judge(s): 
Vincent Zurzolo
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Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488

Citation: 
Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488; U.S. Court of Appeals for the Tenth Circuit
Ruling: 
The District Court's decision was affirmed. The 10th Circuit agreed that the untimely Form 1040s, filed after the IRS had assessed each debtor's tax liability, were not tax "returns" for purposes of the exceptions to discharge in 11 U.S.C. ...
Judge(s): 
Briscoe, Chief Circuit Judge; Lucero, Circuit Judge; and McHugh, Circuit Judge. Opinion by Judge McHugh.
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Starion Financial v. McCormick (In re McCormick)

Citation: 
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and granting the Debtors’ Motion to Disallow Attorneys’ Fees and Costs. The ...
Judge(s): 
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
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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.
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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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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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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
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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
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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
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