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Topic: Consumer Bankruptcy

In re John Wilson

Citation: 
In re John Wilson, Case No. 15­-1150 (7th Cir., Aug. 10, 2015)
Ruling: 
Affirmed the judgment of the U.S. District Court for the Eastern District of Wisconsin; the 7th Circuit upheld the fee awarded to the chapter 7 trustee after it was challenged by a creditor.
Judge(s): 
Posner, Easterbrook, and Sykes, Circuit Judges
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Heritage Bank v. Woodward (In re Woodward)

Citation: 
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling: 
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor" for the purposes of voting on the debtor's ...
Judge(s): 
Federman, Schermer, and Shodeen
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Pryor v. RW Investment Co., Inc. (In re Pryor)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1526-KiBrD (August 3, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on fraud on the court. The Debtor did ...
Judge(s): 
KIRSCHER, BRANDT2 and DUNN, Bankruptcy Judges
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U.S.A. v. Williams

Citation: 
13-2359 (7th Cir. August 10, 2015)
Ruling: 
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the judgment to be accomplished.
Judge(s): 
Cuday, Easterbrook, Rovner
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Bank of America, N.A. v. Iest (In re Iest)

Citation: 
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling: 
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien in the ...
Judge(s): 
Wilson, Rosenbaum, and Cox
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Matteson v. Bank Of America (In re Matteson)

Citation: 
15 FED App. 0006P (6th Cir. August 10, 2015)
Ruling: 
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens passed through bankruptcy and completion of the Debtors' plan ...
Judge(s): 
Delk, Opperman and Preston
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Belser v. Nationstar Mortgage, LLC (In re Belser)

Citation: 
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling: 
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim before objecting to his plan. According to the ...
Judge(s): 
Hillman, Feeney, Finkle
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In re Ernest Ken Henry

Citation: 
15 FED App 0005P (6th Cir.); File name: 15b0005p.06; Docket No. 15-8004
Ruling: 
The Sixth Circuit BAP affirms the order of the bankruptcy court for the Southern District of Ohio dismissing the debtor's chapter 13 case, finding that the decisions to dismiss was not an abuse of discretion as the pro se debtor ...
Judge(s): 
Delk, Harrison and Lloyd; opinion by Lloyd
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Wildhaber, Sr. v. Burchard (in re Wildhaber, Sr.)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1352-PaJuKl (July 28, 2015)
Ruling: 
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan. The bankruptcy court provided proper notice of the ...
Judge(s): 
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
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U.S.A. v. Bruner

Citation: 
15a0543n.06; Case No. 14-5990
Ruling: 
District Court correctly found that defendant in a trial for bankruptcy fraud and other offenses did not offer a sufficient factual predicate to warrant an instruction to the jury on the advice of counsel defense. The Sixth Circuit found ...
Judge(s): 
Boggs and Donald, Circuit Judges, and Quist, District Judge, sitting by desgnation
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