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Topic: Consumer Bankruptcy

Robb v. Harder (In re Robb)

Citation: 
Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)
Ruling: 
The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured priority claim filed in her chapter 13 case. The BAP ...
Judge(s): 
Kreseel, Saladino, Shodeen
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In re William C. Aubiel

Citation: 
15 FED App. 0004P (6th Cir.) File Name: 15b0004p.06
Ruling: 
Sixth Circuit Bankruptcy Appellate Panel affirmed Bankruptcy Court's denial of Debtor's claim of homestead exemption under Ohio law in 46-foot Sea Ray Boat. Panel held that the bankruptcy court did not err in determining that trustee carried burden of ...
Judge(s): 
Delk, Humphrey and Preston
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Bank of America v. Waits (In re Waits)

Citation: 
Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).
Ruling: 
Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district court, which had affirmed the bankruptcy court's ...
Judge(s): 
Circuit Judges Tjoflat, Jordan and Black
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MacKenzie v. Neidorf (In re Neidorf)

Citation: 
In re Neidorf, BAP No. AZ-14-1496-JuKiPa (9th Cir. B.A.P. July 10, 2015).
Ruling: 
A national-mortgage-settlement payment paid to a chapter 7 debtor after the petition date was property of the debtor, not the estate.
Judge(s): 
Meredith A. Jury, Ralph B. Kirscher, and Jim D. Pappas, Bankruptcy Judges.
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Riverbend Condominium Assoc. v. Green (In the Matter of Green)

Citation: 
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling: 
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a statutory lien (as distinguished from a security interest) and is therefore ...
Judge(s): 
KING, SMITH, and ELROD, PER CURIAM
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Sauer Inc. v. Lawson (In re Lawson)

Citation: 
Sauer Inc. v. Lawson (In re Lawson), No. 14-2058 (1st Cir. July 1, 2015)
Ruling: 
The First Circuit Court of Appeals VACATED the bankruptcy court's order dismissing the adversary proceeding and REMANDED for further proceedings consistent with the opinion. The First Circuit Court of Appeals held that debt that is not dischargeable in a ...
Judge(s): 
Lynch, Thompson, Kayatta
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Breadiy v. PNC Mortgage

Citation: 
Case No. 14-2347 (6th Cir. 2015)
Ruling: 
Michigan State Foreclosure Statute does not require lender to use judicial foreclosure process where borrower defaulted on a prior loan modification within one year of its execution.
Judge(s): 
Boggs, Batchelder and Huck (District Judge)
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Dodev v. The Bank of NY Mellon

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-15-1013-JuKiPa (July 2, 2015)
Ruling: 
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11 case was dismissed, and the related civil litigation was still ...
Judge(s): 
JURY, KIRSCHER, and PAPPAS, Bankruptcy Judges.
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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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