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Topic: Consumer Bankruptcy

Galloway v. Ford (In re Galloway)

Citation: 
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as denied Debtors’ motion to abandon property. However, the ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Read on...

Graham Mortgage Corp. v. Goff (In re Goff)

Citation: 
Graham Mortgage Corp. v. Goff (In re Goff), Case No.: 13-41148 (5ht Cir. Aug. 22, 2014)
Ruling: 
Fifth Circuit affirmed denial of Debtor's discharge pursuant to11 U.S.C. §727(a)(3) for debtor's failure to maintain adequate books and records without justification, where the only evidence the debtor submitted in support of his position was his own testimony, and where ...
Judge(s): 
DAVIS, SMITH, and CLEMENT.
Read on...

Kallman & Co. v. Gottlieb (In re Lewis)

Citation: 
Kallman & Co. v. Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi, 2014 WL 4099248, --- B.R. --- (B.A.P. 9th Cir. Aug. 20, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order approving the sale of the bankruptcy estate’s interest in various state court claims against ...
Judge(s): 
Taylor, Dunn, and Kirscher, Bankruptcy Judges
Read on...

Gutierrez v. Coker (In re Gutierrez)

Citation: 
Gutierrez v. Coker (In re Gutierrez), 9th Cir. B.A.P., NC-13-1469-DJuKu, August 19, 2014 [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court denying the motion for contempt for violation of the discharge injunction (“Motion”) filed by Marco and Jennifer Gutierrez (Debtor/Appellants) against appellees Irene Macias ...
Judge(s): 
DUNN, JURY and KURTZ, Bankruptcy Judges.
Read on...

General Lending Corp. v. Cancio

Citation: 
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling: 
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan payments for two years, and the Debtors would ...
Judge(s): 
Pryor, Martin and Edmondson
Read on...

Peoples v. Radloff (In re Peoples)

Citation: 
No. 13-2686 (8th Cir. Aug. 20, 2014)
Ruling: 
The Eighth Circuit affirmed the Bankruptcy Appellate Panel’s ruling that a chapter 7 debtor lacked standing to appeal an order approving the trustee’s compromise of a lawsuit belonging to the estate where the debtor lacked a pecuniary interest in the ...
Judge(s): 
Bye, Colloton, and Kelly.
Read on...

Bank of America v. Waits (In re Waits)

Citation: 
No. 14-11408 (11th Cir. Aug. 21, 2014)
Ruling: 
Order allowing debtor to extinguish second-priority mortgage lien on home when first-priority lien exceeded fair market value of home was affirmed, with the Court observing that it was bound to follow prior-panel decisions In re McNeal, 735 F.3d 1263 (11th ...
Judge(s): 
TJOFLAT, JORDAN, and BLACK, Circuit Judges
Read on...

Behrens v. U.S. Bank Ntl Assoc. (In re Behrens)

Citation: 
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling: 
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic stay under 362 (d)(4) permitting the completion of the foreclosure proceeding on ...
Judge(s): 
WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
Read on...

Trudel v. U.S. Department of Education (In re Trudel)

Citation: 
Case No. 13-8049 (6th Cir. BAP 2014)
Ruling: 
Student loans were not dischargeable where debtor proved that current income was not sufficient to pay loans and maintain minimal standard of living, but debtor did not present any evidence that current conditions were likely to continue for substantial duration ...
Judge(s): 
Humphrey, Lloyd and Preston
Read on...

Negrete v. Citizens State Bank (In re Negrete)

Citation: 
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Judge(s): 
PAPPAS, KIRSCHER AND TAYLOR, Bankruptcy Judges.
Read on...
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