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Topic: Consumer Bankruptcy

Schlegel v. Billingslea, Jr. (In re Schlegel)

Citation: 
In re Schlegel, No. SC-14-1132-KiKuJu (9th Cir. B.A.P. Feb. 25, 2015).
Ruling: 
As a matter of first impression, a chapter 13 case may be dismissed for the debtors’ failure to pay the required percentage dividend to unsecured creditors, even if they make all required plan payments.
Judge(s): 
Ralph B. Kirscher, Frank L. Kurtz, and Meredith A. Jury, Bankruptcy Judges.
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Chesley v. RWW Properties, LLC (In re Chesley)

Citation: 
Chesley v. RWW Properties, LLC (In re Chesley), BAP No. NC-14-1070-JuTaPa (B.A.P. 9th Cir. Feb. 26, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the bankruptcy court's order denying debtor's motion for reconsideration, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion by (a) granting purchaser's motion to annul the automatic stay and (b) ...
Judge(s): 
JURY, TAYLOR, and PAPPAS
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Jenkins v. Mitelhaus (In re Jenkins and Ramey)

Citation: 
Jenkins v. Mitelhaus (In re Jenkins and Ramey), BAP Nos. CC-14-1185-PaTaD, CC-14-1258-PaTaD (Cross-Appeals) (B.A.P. 9th Cir. Feb. 20, 2015)
Ruling: 
REVERSING, in part, the bankruptcy court's judgment determining that Debtors' debt to real estate salesperson was excepted from discharge under section 523(a)(4), AFFIRMING the bankruptcy court's judgment determining that such debt was excepted from discharge under section 523(a)(6), and AFFIRMING ...
Judge(s): 
PAPPAS, TAYLOR, and DUNN
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Hill v. Jankowski (In re Dey)

Citation: 
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling: 
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a trustee’s preference suit after the trustee filed a Rule 60(b) motion ...
Judge(s): 
Thurman, Cornish, Jacobvitz
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Fahey v. Massachusetts Department of Revenue (In re Fahey) and other consolidated cases

Citation: 
Fahey v. MA Dept of Revenue (In re Fahey), --- F.3d --- (1st Cir. Feb. 18, 2015)
Ruling: 
Unpaid taxes due on Massachusetts state income tax return filed after the statutory filing date cannot be discharged in bankruptcy under 11 U.S.C. 523(a). While section 523(a) a tax is not dischargeable if the debtor filed a "return," here the ...
Judge(s): 
Torruella, Thompson, and Kayatta
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Running v. Miller (In re Miller)

Citation: 
No. 13-3682 (8th Cir. Feb. 13, 2015).
Ruling: 
Funds taken from an individual retirement account for the purpose of purchasing an annuity retain their exempt status under 11 U.S.C. § 522(b)(3)(C) as “retirement funds…in a fund or account that is exempt from taxation under [28 U.S.C. § ...
Judge(s): 
Murphy, Smith, and Gruender.
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Ludvigsen v. Osborne

Citation: 
Ludvigsen v. Osborne, BAP No. MB 14-039 (B.A.P. 1st Cir. Jan. 16, 2015)
Ruling: 
The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to consider the merits of any lien avoidance motion ...
Judge(s): 
Deasy, Kornreich, and Finkle
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Eickerman v. La Jolla Group, II

Citation: 
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses incurred when Eickerman (Appellant) defaulted during the execution of ...
Judge(s): 
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
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Cirilli v. Bronk (In re Bronk)

Citation: 
Cirilli v. Bronk (In re Bronk), Nos. 13-1123 & 13-1516, --- WL --- (7th Cir. Jan. 5, 2014)
Ruling: 
Applying Wisconsin law, the Court reversed the ruling that only account beneficiaries and not account owners could exempt college savings accounts and affirmed the ruling that the annuity in question comprised an exempt "retirement benefit". The Court found that ...
Judge(s): 
Sykes, Manion, Kanne
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Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera)

Citation: 
Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)
Ruling: 
AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in default is not permitted to challenge pending nonjudicial foreclosure proceedings ...
Judge(s): 
Vincent Zurzolo
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