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Topic: Consumer Bankruptcy

Williamson v. Murray (In re Murray)

Citation: 
Williamson v. Murray (In re Murray), 10th Cir. Court Appeals, No. 14-3054 (BAP No. KS-13-034) (BAP) November 18, 2014
Ruling: 
The 10 Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit and the bankruptcy court which rejected a Chapter 7 trustee’s challenge, to a Kansas statute permitting debtors in bankruptcy to exempt ...
Judge(s): 
KELLY, LUCERO, and HARTZ, Circuit Judges
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Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carson v. U.S. Bank, N.A. (In re Carlson), No. 14-6024 (BAP 8th Cir. October 17, 2014)
Ruling: 
The 8th Circuit BAP affirmed the rulings of the U.S. Bankruptcy Court for the District of Minnesota denying debtors' motion for violation of automatic stay, violation of homestead exemption, violation of discharge, and creditor misconduct. The BAP ruled that ...
Judge(s): 
Federman, Saladino, Shodeen
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Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
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Sui v. Marshack (In re Sui)

Citation: 
Sui v. Marshack (In re Sui), BAP No. CC-13-1572-TaSpD (BAP 9th Cir. Nov. 10, 2014)
Ruling: 
The 9th Circuit BAP vacated and remanded the bankruptcy court's order barring two parties from further filings unless they first obtained consent from the bankruptcy court. The BAP ruled that while a regulatory order regarding further filings by the ...
Judge(s): 
Taylor, Spraker, Dunn
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Abonal v. U.S.A. Trustee (In re Jackson, Jr.)

Citation: 
Abonal v. U.S.A. Trustee (In re Jackson, Jr.), 9th Cir. B.A.P, CC-14-1091-DKiTa ( November 3, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court, sanctioning appellant, Moses Abonal, Moses F. Abonal and his business, Abonal Paralegal Services (collectively, “Mr. Abonal”), $11,000 for various violations under § 110 ...
Judge(s): 
DUNN, KIRSCHER AND TAYLOR, Bankruptcy Judges.
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Shek v. Hoskins (In re Shek)

Citation: 
BAP No. NC-13-1331-JuKuPa (unpublished)
Ruling: 
Bankruptcy court did not err in dismissing pro se Chapter 7 Debtor's case for failing to timely file schedules and statement of financial affairs after Debtor was given multiple extensions of time over a period of six months after the ...
Judge(s): 
Jury, Kurtz, and Pappas, Bankruptcy Judges
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Bisges v. Garula (In re Clink)

Citation: 
In re Clink, 2014 WL 5335735 (8th Cir. October 21, 2014)
Ruling: 
The Eighth Circuit affirmed a decision imposing sanctions against an attorney for conduct related to the preparation of a debtor's bankruptcy schedules.
Judge(s): 
Riley, Smith, and Kelly
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Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
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Thaw v. Moser (In the Matter of Thaw)

Citation: 
Case No. 14-40108 (5th Cir. October 13, 2014)
Ruling: 
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the non-debtor spouse to just compensation because the property interest was acquired after ...
Judge(s): 
King, Graves, and Higginson, Circuit Judges
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Miller v. United States Trustee (In re Miller)

Citation: 
Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling: 
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just income both earned and received during ...
Judge(s): 
Nugent, Karlin, Somers
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