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Topic: Consumer Bankruptcy

Johnson v. Midland Funding, LLC

Citation: 
No. 15-11240 (11th Cir. May 24, 2016)
Ruling: 
In a consolidated appeal, the Eleventh Circuit reversed dismissal of two actions brought under the Fair Debt Collection Practices Act (FDCPA) by Chapter 13 debtors given that the claimant-debt collectors filed proofs of claim knowing that the underlying claims against ...
Judge(s): 
Eleventh Circuit Judges Wilson and Martin, and visiting Fifth Circuit Judge Patrick Higginbotham.
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Tehrani v. Walters

Citation: 
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling: 
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors' allegations of bias and (b) finding that the United ...
Judge(s): 
McKee, Ambro, Scirica
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Anderson, et al. v. Logan

Citation: 
No. 15-1505, (4th Cir. Apr. 27, 2015)
Ruling: 
Chapter 13 plan that provided for payment of pre-petition arrears and post-petition payments for primary residence at non-default interest rate violated the non-modification provision of section 1322(b)(5). Default interest rate applied for all payments accrued and accruing after pre-petition ...
Judge(s): 
Before WILKINSON and NIEMEYER, Circuit Judges, and David C. NORTON, United States District Judge for the District of South Carolina, sitting by designation. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Norton joined.
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Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation: 
no official cite as of yet
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their plan payments. The BAP held that the motion was timely and ...
Judge(s): 
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
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In re Bratt

Citation: 
16b0002p.06 Nos. 15-8009/8010
Ruling: 
Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel affirmed trial court decision on other grounds holding that statute governing ...
Judge(s): 
Delk, Opperman and Wise
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Beck v. Wells Fargo Home Mortgage (In re Beck)

Citation: 
9th Cir. BAP No. NC-15-1095-JuKuW (March 1, 2016) (unpublished)
Ruling: 
Debtor's error identifying a second deed of trust that was intended to be stripped off in its Chapter 13 Plan could be corrected after completion of plan. The BAP vacated the bankruptcy court's denial of Debtor's Motion to Correct, ...
Judge(s): 
JURY, KURTZ, and WANSLEE, Bankruptcy Judges.
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Uberoi v. Supreme Court of Florida

Citation: 
D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
Ruling: 
The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman doctrine. Held: Under the Rooker-Feldman doctrine, federal district courts lack subject matter jurisdiction over claims ...
Judge(s): 
Carnes; Hull; Marcus
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Jeffrey P. White and Associates, P.C. v. Fessenden

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling: 
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and held by a chapter 13 trustee at the ...
Judge(s): 
Boroff, Godoy, and Finkle
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Wicklund v. Robert D. Johnson Trust (In re Wicklund)

Citation: 
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order denying debtor's homestead exemption. The bankruptcy court’s conclusion was ...
Judge(s): 
Kirscher, Faris, and Jury
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Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

Citation: 
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling: 
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following: (1) whether the debtor misrepresented facts, unfairly manipulated the ...
Judge(s): 
Honorable KIRSCHER, KURTZ and FARIS
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