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Topic: Consumer Bankruptcy

Adam v. Dobin (In re Adam)

Citation: 
Adam v. Dobin (In re Adam), BAP No. CC-14-1416-PaKiTa (B.A.P. 9th Cir. Apr. 6, 2015)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in granting summary judgment that creditor's claim against debtor was excepted from discharge under section 523(a)(15) of the Bankruptcy Code. ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR
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Wilson v. Walker (In re Walker)

Citation: 
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling: 
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b) enforcement of money judgment against debtor's non-filing spouse and entity; (2) ...
Judge(s): 
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
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Plise v. Krohn (In re Plise)

Citation: 
Plise v. Krohn (In re Plise), BAP No. NV-14-1474-DJuKu (B.A.P. 9th Cir. April 6, 2015)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not commit reversible error when it disallowed debtor's ex-wife's proof of claim. The panel reasoned that the ex-wife was judicially estopped ...
Judge(s): 
DUNN, JURY, and KURTZ
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Pawtucket Credit Union v. Boyajian

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling: 
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth in the Bankruptcy Code and Rules. Plan confirmation ...
Judge(s): 
Kornreich, Tester, and Cary
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Metrou v. M.A. Mortenson Co. and Schuff Steel Co.

Citation: 
Metrou v. M.A. Morteson Co., No. 14-8030, --- WL --- (7th Cir. Mar. 23, 2015)
Ruling: 
In a matter of first impression at the appellate level and reversing the decision below, the Seventh Circuit declined to utilize judicial estoppel to cap a Chapter 7 trustee's potential recovery in an action at an amount equal to that ...
Judge(s): 
Easterbrook, Flaum, Williams
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Gerard v. Gerard

Citation: 
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling: 
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury) after giving preclusive effect to state court trial verdict in favor of ...
Judge(s): 
Manion, Rovner, and Hamilton
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Harris v. Bank of America (In re Harris)

Citation: 
Harris v. Bank of America (In re Harris) Case No. 13-60000 (9th Cir. March 9, 2015) (unpublished)
Ruling: 
Debtor-Appellant failed to plausibly allege facts that show he complied with the state law requirements; Debtor-Appellant failed to state with particularity the circumstances constituting alleged fraud; and it was not abuse of discretion for the bankruptcy court to dismiss Debtor-Appellant's ...
Judge(s): 
Murphy, Gould, and Tallman
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Nakhuda v. Mansdorf (In re Nakhuda)

Citation: 
Nakhuda v. Mansdorf (In re Nakhuda), BAP No. NC-14-1235-TaPaJu (B.A.P. 9th Cir. Mar. 2, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that (i) the bankruptcy court did not err in granting the chapter 7 trustee's requested relief on an ex parte basis, (ii) debtor was not authorized to ...
Judge(s): 
TAYLOR, PAPPAS, and JURY
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Wheeler v. Collier (In the Matter of Wheeler)

Citation: 
Case No. 14-30961 (5th Cir. Mar. 4, 2005)
Ruling: 
Fifth Circuit VACATED district court order insofar as it issued criminal sanctions and enjoined law firm because the minute entry was not sufficient notice that the hearing was being held for purpose of issuing criminal contempt sanctions or injunction. The ...
Judge(s): 
Smith, Prado and Owen, Circuit Judges
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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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