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Topic: Consumer Bankruptcy

Cline v. Ford (In re Cline)

Citation: 
Cline v. Ford (In re Cline), BAP No. AZ-14-1503-PaJuKi (B.A.P. 9th Cir. June 30, 2015)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in sustaining the trustee's objection to the debtors' claimed exemptions under section 522(d) of the Bankruptcy Code. Analyzing Missouri ...
Judge(s): 
PAPPAS, JURY, and KIRSCHER
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Gordon v. Wadsworth (In re Gordon)

Citation: 
Gordon, et al. v. Wadsworth, Case No. 14-1257 (10th Cir. June 26, 2015) (published)
Ruling: 
Balance of funds paid out of retirement plan that was in debtors’ savings account on the petition date is not exempt under Colorado’s exemption statute - C.R.S. § 13-54-102(1(s).
Judge(s): 
Hartz, Gorsuch, Matheson
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Childress v. Experian Information Solutions, Inc.

Citation: 
14-2864
Ruling: 
Summary Judgment confirmed. While the FCRA requires credit bureaus to report that a bankruptcy petition was withdrawn “upon receipt of documentation certifying such withdrawal,” and calls for a bureau to “follow reasonable procedures to assure maximum possible accuracy," when the ...
Judge(s): 
Posner, Manion, Hamilton
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Showalter v. Hopper (In re Showalter)

Citation: 
*not for publication
Ruling: 
The Ninth Circuit affirmed the Bankruptcy Appellate Panel's ruling that the Debtor's exemption claim under California's homestead exemption laws does not apply to the Debtor when (1) the Debtor did not reside in the property for purposes of a homestead ...
Judge(s): 
Before: SCHROEDER and IKUTA, Circuit Judges, and and SEABRIGHT, District Court Judge for the District of Hawaii (sitting by designation).
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Young v. Young (In re Young)

Citation: 
2015 WL 3756720
Ruling: 
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on alimony payments when she knew that the debtor was not current. Because of counsel's ...
Judge(s): 
Loken, Melloy, and Gruender
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Charbono v. Sumski (In re Charbono)

Citation: 
14-2151
Ruling: 
District court's order affirmed. The modest sanction that was imposed was well within the bankruptcy court's inherent powers and did not amount to a criminal sanction.
Judge(s): 
Howard, Selya (author) and Kayatta
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Christie v. The Bank of New York Mellon

Citation: 
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling: 
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note and deed of trust to assignees.
Judge(s): 
Lipez, Wardlaw and Murguia
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Hardy v. Fink (In re Hardy)

Citation: 
No. 14–1181 (8th Cir. June 2, 2015)
Ruling: 
Reversing the Bankruptcy Appellate Panel (BAP), the Court of Appeals for the Eighth Circuit held that a tax refund attributable to the federal Additional Child Tax Credit (ACTC) statute is a “public assistance benefit” under Missouri’s bankruptcy exemption statute. ...
Judge(s): 
Loken, Murphy, and Melloy, Circuit judges.
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Auyeung v. Christensen (In re Auyeung)

Citation: 
In re Auyeung, BAP No. EC-14-1382-JuKuPa (9th Cir. B.A.P. June 9, 2015).
Ruling: 
Judicial estoppel barred chapter 13 debtors from avoiding a judicial lien on their homestead. In a prior chapter 13 case, they failed to comply with a confirmed plan requiring them to sell the homestead and pay the judgment lien. Not-for-publication ...
Judge(s): 
Meredith A. Jury, Frank L. Kurtz, and Jim D. Pappas, Bankruptcy Judges.
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Bencomo v. Avery (In re Bencomo)

Citation: 
9th Circuit Bankruptcy Appellate Panel Case No. CC-14-1361-TaPaKi (June 1, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") addressed two issues in the unpublished opinion. First, whether Chapter 7 Trustee's ("Trustee") realtor was required to file a written report related to his testimony. The bankruptcy court did not specifically ...
Judge(s): 
TAYLOR, PAPPAS, and KIRSCHER, Bankruptcy Judges.
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