Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

Topic: Consumer Bankruptcy

Baldridge v. Ellmann (In re Baldridge)

Citation: 
Case No. 13-700, 6th Circuit, February 3, 2014
Ruling: 
The Sixth Circuit affirmed the bankruptcy court's disallowance of the Debtors' Michigan homestead exemption. The bankruptcy court found that there was no equity in the sale proceeds of the Debtors' homestead to which the homestead exemption could attach. The Court ...
Judge(s): 
Rogers, McKeague and White, Circuit Judges
Read on...

Plymouth Park Tax Services, LLC v. Bowers (In re Bowers)

Citation: 
Case No. 13-4404
Ruling: 
Purchaser of property tax certificates is entitled to interest at rate shown on tax certificates, not statutory rate for taxes for governmental entity prior to issuance of certificates.
Judge(s): 
Ketih, Clay and McKeague
Read on...

In re Cain

Citation: 
14 FED App.0005P (6th Cir.) (BAP)
Ruling: 
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s): 
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Read on...

Neal v. First Alliance Bank

Citation: 
Neal v. First Alliance Bank, Case No. 13-6531 (July 9, 2014).
Ruling: 
Applying Tennessee law, the Sixth Circuit affirmed the District Court's decision sustaining the Chapter 7 Trustee's objection to the Debtors' attempt to exempt two annuities.
Judge(s): 
Guy, Kethledge, and Stranch
Read on...

Crawford v. LVNV Funding, LLC

Citation: 
--- F.3d ----, Case No. 13-12389 (11th Cir. Jul. 10, 2014)
Ruling: 
Filing of proofs of claim by debt collectors in respect of debts deemed unenforceable under state statutes of limitations violates Fair Debt Collection Practices Act. Under "least-sophisticated consumer" standard adopted by Eleventh Circuit used to determine whether conduct is ...
Judge(s): 
HULL, Circuit Judge, WALTER, District Judge (W.D. La.), and GOLDBERG, U.S Court of International Trade Judge
Read on...

Bank of America v. Caulkett

Citation: 
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling: 
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s): 
Marcus, Pryor, Edmondson, Circuit Judges
Read on...

Robinson v. American Home Mortgage Servicing, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Citation: 
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling: 
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the Plaintiffs' Consolidated Amended Complaint ("CAC"). The denial ...
Judge(s): 
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
Read on...

In re Makowka

Citation: 
No. 13-3469, Slip Op. (3rd Cir. June 9, 2014)
Ruling: 
- District Court's judgment vacated and case remanded for further proceedings. - Under applicable Pennsylvania law, an action in debt does not constitute the proper method to enforce a statutory lien under the Pennsylvania Uniform Planned Community Act. - The Court of ...
Judge(s): 
Hardiman, Sloviter, Barry
Read on...

Crouser v. BAC Home Loans Servicing, LP

Citation: 
Crouser v. BAC Home Loans Servicing, LP (In re Crouser), Case No. 13-14304 (11th Cir. June 6, 2014) (unpublished) (per curiam).
Ruling: 
The Eleventh Circuit held that settlement proceeds derived from the post-confirmation settlement of claims against the debtor's mortgagor for violation of the automatic stay were property of his chapter 13 estate under Section 1306(a)(1) of the Bankruptcy Code.
Judge(s): 
Wilson, Pryor and Anderson, Circuit Judges.
Read on...

DeGiacomo v. Traverse (In re Traverse)

Citation: 
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling: 
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the property is less than the total ...
Judge(s): 
Torruella, Howard and Kayatta
Read on...
Syndicate content