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Topic: Consumer Bankruptcy

Elliott v. Weil (In re Elliott)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1321-PaKiTa (April 22, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose, and its time limits are not subject to tolling. Therefore, the ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
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Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]
Ruling: 
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy court denied his motions for relief and dismissed his chapter 13 case.
Judge(s): 
LOKEN, BOWMAN, and KELLY, Circuit Judges.
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Peet v. Checkett (In re Peet)

Citation: 
Peet v. Checkett (In re Peet), No. 14-6033 (BAP 8th Cir. Apr. 22, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court overruling debtors' objection to chapter 7 trustee's motion to sell real estate and a pickup. BAP agreed that notwithstanding nondebtor co-owners of the sale property as of ...
Judge(s): 
Kressel, Schermer, Nail
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Valone v. Waage (In re Valone)

Citation: 
14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
Ruling: 
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's wildcard exemption to that debtor or those debtors. ...
Judge(s): 
Wilson, Fay, and Ripple, Circuit Judges
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In re Marcus-Rehtmeyer

Citation: 
13-C-3919
Ruling: 
The Defendant-Appellee, Marcus-Rehtmeyer, concealed assets and income in her State Court Citation hearing with sufficient intent to justify denial of the discharge as to the debt of Plaintiff-Appellants, her Judgment Creditors.
Judge(s): 
Wood, Rovner, Hamilton
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In re Brooks

Citation: 
Case No. 14-2856
Ruling: 
The Seventh Circuit affirmed the district court's order affirming confirmation of the debtor's chapter 13 plan, holding that as a general matter an above-median debtor may categorically exclude child support payments from the calculation of "disposible income" under section 1325(b)(2) ...
Judge(s): 
Bauer, Flaum, Williams
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Fitzgerald v. Gorman (In re Fitzgerald)

Citation: 
Case No. 1:14-cv-01017-GBL-JFA
Ruling: 
The bankruptcy court's finding that the debtor was ineligible for chapter 13 relief because his secured debt total exceeded the statutory limit pursuant to Section 109(e) of the Bankruptcy Code was not clearly erroneous. The debtor's secured debt total ...
Judge(s): 
Shedd, Duncan, and Thacker
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Rivera v. Bank of America

Citation: 
Case No. 14-40837. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 74.5.4.
Ruling: 
Affirmed district court's summary judgment in favor of mortgage lender. Four-year statute of limitations to foreclose on residential real property after first accelerating the note did not bar the foreclosure in this case. Lender's foreclosure action in 2013, ...
Judge(s): 
Per Curiam (Prado, Owen, Graves)
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Adam v. Dobin (In re Adam)

Citation: 
Adam v. Dobin (In re Adam), BAP No. CC-14-1416-PaKiTa (B.A.P. 9th Cir. Apr. 6, 2015)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in granting summary judgment that creditor's claim against debtor was excepted from discharge under section 523(a)(15) of the Bankruptcy Code. ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR
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Wilson v. Walker (In re Walker)

Citation: 
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling: 
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b) enforcement of money judgment against debtor's non-filing spouse and entity; (2) ...
Judge(s): 
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
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