Topic: Consumer Bankruptcy

Gentile v. DeGiacomo (In re Gentile)

Summarized by Nathaniel Hull, Verrill Dana LLP 14 hours 5 min ago

1st Circuit, 11 U.S.C. 554, 11 U.S.C. 704, 11 U.S.C. § 363, Asset Sales, Real Estate, Consumer Bankruptcy

Citation:

Gentile v. DeGiacomo (In re Gentile), BAP No. MB 12-071 (1st Cir. BAP, May 20, 2013)

Ruling:

By 2-1 decision, the Panel dismissed the debtors’ appeal of a bankruptcy court order granting the chapter 7 trustee’s motion to sell real estate fully-encumbered by a disputed lien for lack of appellate standing. The majority concluded the debtors ...

Judge(s):

Lamoutte (dissenting), Kornreich (writing for the majority), and Cabán

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Peoples National Bank, N.A. v. Banterra Bank

Summarized by Melissa De Groff, Kroger, Gardis & Regas, LLP 1 day 14 hours ago

7th Circuit, 11 U.S.C. § 363, Mortgage, Real Estate, Consumer Bankruptcy

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Citation:

Case No. 12-3079 (7th Cir. May 20, 2013)

Ruling:

A cross-collateralization clause in first priority mortgage put second priority mortgagee on inquiry notice of debt in excess of promissory note specified in first mortgage. Therefore, first mortgage holder entitled to sales proceeds of real property securing both mortgages ...

Judge(s):

Kanne, Williams and Zagel (by designation from the Northern District of Illinois).

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Goddard v. Heldt (In re Heldt)

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 4 days 11 hours ago

10th Circuit, 11 U.S.C. § 541, 11 U.S.C. § 544, 11 U.S.C. § 548, Real Estate, Consumer Bankruptcy, Fraudulent Transfers, Bankruptcy Litigation

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Citation:

No. 12-6027 (10th Cir. May 14, 2013)

Ruling:

Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under § 544(a)(3) to avoid a resulting trust in favor of the ...

Judge(s):

Lucero, Anderson, and Baldock, Circuit Judges.

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Soto v. Doral Bank (In re Soto)

Summarized by Samuel Ari Mushell, Americans United for Government Reform 1 week 16 hours ago

1st Circuit, 11 U.S.C. § 341, 11 U.S.C. § 521, 11 U.S.C. § 1307, Consumer Bankruptcy, Bankruptcy Litigation, Discharge/Dischargeability, Personal Bankruptcy Topics, Bankruptcy Process and Procedure

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Citation:

BAP NO. PR 12-075

Ruling:

The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not comply with 521(a) of the code. 521(a) requires debtors to submit ...

Judge(s):

Haines, Feeney, Hoffman

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Branigan v. Davis (In re Davis)

Summarized by Ann Brogan, Crowley, Liberatore, Ryan & Brogan, P.C. 1 week 3 days ago

4th Circuit, 11 U.S.C. § 348, 11 U.S.C. § 349, 11 U.S.C. § 502, 11 U.S.C. § 506, 11 U.S.C. § 524, 11 U.S.C. § 1322, 11 U.S.C. § 1325, Claims, Mortgage, Valuation, Plan Confirmation, Consumer Bankruptcy

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Citation:

Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)

Ruling:

In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of the Chapter 13 bankruptcy trustee that the Bankruptcy Abuse Prevention ...

Judge(s):

Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.

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Hathorn v. Petty (In re Petty)

Summarized by Lars Fuller, Baker & Hostetler LLP 1 week 5 days ago

8th Circuit, 11 U.S.C. § 523, Federal Rule 4007, Federal Rule 9006, Claims, Consumer Debt, Consumer Bankruptcy, Bankruptcy Litigation, Discharge/Dischargeability

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Citation:

8th Cir. BAP, Case No. 13-6002 (May 8, 2013)

Ruling:

REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP ruled that because debtor did not notify creditors of the bankruptcy ...

Judge(s):

8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)

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Weber v. SEFCU (In re Weber)

Summarized by Joel Levitin, Cahill Gordon & Reindel LLP 1 week 6 days ago

2nd Circuit, 11 U.S.C. § 362, 11 U.S.C. § 541, 11 U.S.C. § 542, Automatic Stay, Consumer Bankruptcy

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Citation:

Docket No. 12-1632-bk (2nd Cir. May 8, 2013)

Ruling:

AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay under Chapter 13 of the Bankruptcy Code, and creditor is responsible for ...

Judge(s):

Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).

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Desmarais v. Jhelum Enterprises, LLC (In re Desmarais)

Summarized by Jeffrey Snyder, Bilzin Sumberg Baena Price & Axelrod LLP 2 weeks 5 days ago

11th Circuit, 11 U.S.C. § 523, Consumer Bankruptcy, Fraudulent Transfers, Discharge/Dischargeability

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Citation:

No. 12-15084 (Unpublished)

Ruling:

Court of Appeals AFFIRMED the District Court and Bankruptcy Court, largely relying on its precedent in In re Jennings, 670 F.3d 1329 (11th Cir. 2012), held that, notwithstanding original basis of debt, actual fraudulent transfer judgment is injury to creditor's ...

Judge(s):

TJOFLAT, WILSON and ANDERSON

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Longaker v. Boston Scientific Corp.

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 3 weeks 1 day ago

8th Circuit, 11 U.S.C. § 541, Federal Rule 7012, Labor/Employment, Consumer Bankruptcy

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Citation:

No. 12-2482 (8th Cir. Apr. 26, 2013)

Ruling:

To have standing to assert a breach of contract action where the debtor seeks monies that allegedly constitute earnings for postpetition services that are exempt from property of the estate under § 541(a)(6), the debtor must have actually rendered ...

Judge(s):

Wollman, Bye, and Benton, Circuit Judges.

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In re Zuckerman

Summarized by David Kozlowski, Arent Fox LLP 3 weeks 4 days ago

1st Circuit, 11 U.S.C. § 105, 11 U.S.C. § 109, 11 U.S.C. § 1307, Consumer Bankruptcy

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Citation:

In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)

Ruling:

AFFIRMATION by the First Circuit BAP of the bankruptcy court’s dismissal of the Debtor’s Chapter 13 case under 105(a) for failure to comply with bankruptcy court orders requiring filing of certain documents.

Judge(s):

Deasy, Kornreich, and Godoy, Bankruptcy Appellate Panel Judges

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Topic: Consumer Bankruptcy

Gentile v. DeGiacomo (In re Gentile)

Peoples National Bank, N.A. v. Banterra Bank

Goddard v. Heldt (In re Heldt)

Soto v. Doral Bank (In re Soto)

Branigan v. Davis (In re Davis)

Hathorn v. Petty (In re Petty)

Weber v. SEFCU (In re Weber)

Desmarais v. Jhelum Enterprises, LLC (In re Desmarais)

Longaker v. Boston Scientific Corp.

In re Zuckerman

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