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Topic: Consumer Bankruptcy

In re Robinson

Citation: 
14-3585
Ruling: 
The Court of Appeals affirmed the District Court's reversal of the Bankruptcy Court's refusal to sanction the Debtor's exemption; concluding that the plain language of the Illinois personal property exemption statute allowed the exemption for the Debtor's Book of Mormon.
Judge(s): 
Wood, Easterbrook, and Ripple
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CRP Holdings, A-1, LLC v. O'Sullivan (In re O'Sullivan)

Citation: 
No. 15-6020 (8th Cir. B.A.P. Jan. 19, 2016).
Ruling: 
Bankruptcy court did not abuse its discretion in concluding that some, but not all, of a debtor’s student loans were nondischargeable. Affirmed.
Judge(s): 
Kressel, Schermer, and Nail.
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Elliott v. Weil (In re Elliott)

Citation: 
no official cite as of yet
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision to deny the debtor's claim for homestead exemption pursuant to s. 522(g)(1) and rejected the Debtor's position that California exemption laws apply.
Judge(s): 
BAP judges DUNN and KIRSCHER AND bankruptcy judge GAN (sitting by designation); appeal from a decision rendered by Judge Victoria Kaufman.
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Smith v. SIPI, LLC, et al. (In re Smith)

Citation: 
Smith v. SIPI, LLC (In re Smith), No. 1:13-cv-06422 (7th Cir. Jan. 20, 2016)
Ruling: 
A tax sale lawfully conducted according to Illinois's interest rate auction system does not necessarily establish a transfer for reasonably equivalent value within the meaning of 11 U.S.C. 548(a)(1)(B). Here, the 7th Circuit found that the debtors' residence was ...
Judge(s): 
Bauer, Williams, and Hamilton
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Krueger v. Torres (In re Krueger)

Citation: 
No. 14-11355, fifth Circuit Court of Appeals
Ruling: 
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant to 11 U.S.C. § 707(a) as his bad faith constituted “cause” for dismissal.
Judge(s): 
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
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Sikirica v. Wettach (In re Wettach)

Citation: 
Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)
Ruling: 
The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter 7 Trustee the burden of persuasion to show as constructively fraudulent ...
Judge(s): 
Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)
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Fear v. U.S. Trustee (In re Ruiz)

Citation: 
9th Cir. BAP No. EC-15-1133-DJuF (Dec. 11, 2015) (published)
Ruling: 
Chapter 7 trustee compensation exceeding distributions to unsecured creditors is not per se an "extraordinary circumstance" that justifies disallowance of the trustee's full "commission" under Section 326. The case was remanded for further findings.
Judge(s): 
DUNN, JURY, and FARIS
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James, Sr. v. Guidry (In re Guidry)

Citation: 
James v. Guidry (In re Guidry), BAP No. CC-14-1531-TaKuKi, 2015 WL 8483726 (B.A.P. 9th Cir. Dec. 9, 2015)
Ruling: 
Reversing the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the Bankruptcy Court (1) erred in finding that a bankruptcy petition preparer violated section 110(b) and (c) of the Bankruptcy Code and (2) abused its discretion ...
Judge(s): 
Taylor, Kurtz, and Kirscher, Bankruptcy Judges
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Eden Place, LLC v. Sholem Perl (In re Sholem Perl)

Citation: 
Eden Place, LLC v. Perl (In re Perl), No. 14-60039, --- F.3d --- (9th Cir. Jan. 8, 2016)
Ruling: 
Reversing the Bankruptcy Court, the Ninth Circuit held that an entity that had purchased the debtor's real property through a non-judicial foreclosure sale did not violate the automatic stay by evicting the debtor because the Ninth Circuit concluded that the ...
Judge(s): 
Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges
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In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

Citation: 
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling: 
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s): 
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
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