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Topic: Consumer Bankruptcy

Drury v. U.S. Trustee (In re Drury)

Citation: 
In re Drury, No. CC-15-1441-KuFD (9th Cir. B.A.P. Aug. 23, 2016). Not for publication.
Ruling: 
In determining disposable income, a chapter 7 debtor may deduct loan payments that the debtor does not owe on a car that the debtor uses, but does not own.
Judge(s): 
Frank L. Kurtz, Robert J. Faris, and Randall L. Dunn, Bankruptcy Appellate Panel Judges.
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Clabaugh v. Grant (In re Grant)

Citation: 
Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished
Ruling: 
Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised within the confines of the Bankruptcy Code and the ...
Judge(s): 
Matheson, McKay, O’Brien
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Rindlesbach v. Jones (In re Rindlesbach)

Citation: 
Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished
Ruling: 
A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely affected pecuniarily by the decree or ...
Judge(s): 
Hartz, O’Brien, Phillips
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Bencomo v. Avery (In re Bencomo)

Citation: 
In re Bencomo, No. CC 15-1442-DKuF (9th Cir. B.A.P. Aug. 8, 2016). Not for publication.
Ruling: 
The bankruptcy court failed to consider whether the chapter 7 debtor’s use of homestead proceeds to make residential rent payments qualified as reinvestment under Cal. Code Civ. P. § 704.720(b).
Judge(s): 
Randall L. Dunn, Frank L. Kurtz, and Robert J. Faris, Bankruptcy Appellate Panel Judges.
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Bushkin v. Singer (In re Bushkin)

Citation: 
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling: 
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
Judge(s): 
Kirscher, Kurtz, Faris
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Dubois v. Atlas Acquisitions LLC (In re Dubois)

Citation: 
Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)
Ruling: 
The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and affirmed the bankruptcy court’s dismissal of Appellants’ ...
Judge(s): 
Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.
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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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