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Topic: Consumer Bankruptcy

Bisges v. Garula (In re Clink)

Citation: 
In re Clink, 2014 WL 5335735 (8th Cir. October 21, 2014)
Ruling: 
The Eighth Circuit affirmed a decision imposing sanctions against an attorney for conduct related to the preparation of a debtor's bankruptcy schedules.
Judge(s): 
Riley, Smith, and Kelly
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Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
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Thaw v. Moser (In the Matter of Thaw)

Citation: 
Case No. 14-40108 (5th Cir. October 13, 2014)
Ruling: 
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the non-debtor spouse to just compensation because the property interest was acquired after ...
Judge(s): 
King, Graves, and Higginson, Circuit Judges
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Miller v. United States Trustee (In re Miller)

Citation: 
Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling: 
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just income both earned and received during ...
Judge(s): 
Nugent, Karlin, Somers
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Chan v. DRM Enterprises, LLC (In re Chan)

Citation: 
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling: 
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was non-dischargeable under section 523(a)(2)(A) of the Bankruptcy Code because the debtor ...
Judge(s): 
Taylor, Dunn, and Spraker, Bankruptcy Judges
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Campos v. Aleman (In re Aleman)

Citation: 
Campos v. Aleman (In re Aleman), No. 12-60084 (9th Cir. Oct. 7, 2014)
Ruling: 
Affirmed the BAP's dismissal of the appeal as moot.
Judge(s): 
Fletcher, Rawlinson, and Christen.
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Meehan v. Ocwen Loan Servicing, LLC (In re Meehan)

Citation: 
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling: 
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a debtor to have standing to pursue claims in an ...
Judge(s): 
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
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Bank of America, NA v. Phillips (In re Phillips)

Citation: 
Bank of America, N.A. v. Phillips (In re Phillips), Case No. 14-12585 (11th Cir. Sept. 29, 2014) (unpublished)(per curiam).
Ruling: 
The Eleventh Circuit held that the McNeal and Folendore decisions are binding precedent in affirming the decision of the bankruptcy court and the district court which permitted chapter 7 debtors to strip a second mortgage on their home that was ...
Judge(s): 
Wilson, Rosenbaum, and Cox, Circuit Judges
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Rivera v. Curry (In re Rivera)

Citation: 
No. 14-1035 (9th Cir. BAP, Sept. 29, 2014)
Ruling: 
Dismissed the appeal, as Debtor-Appellant should have sought relief from the bankruptcy court by filing a Civil Rule 60(b) motion.
Judge(s): 
Kurtz, Davis, and Kirscher.
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Christians v. Dmitruk (In re Dmitruk)

Citation: 
Christians v. Dmitruk (In re Dmitruk), 8th Cir. B.A.P. (14-6023), September 15, 2014
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel affirmed the order of the Bankruptcy Court overruling the Trustee’s objection to the Debtor’s claimed exemption in the portion of his state income tax refund which came from the Minnesota Education Credit, as “government ...
Judge(s): 
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges
Read on...
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