The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees...
In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).
Ruling:
In the bankruptcy context, attorney’s fees awarded relating to a child support case constitutes a priority, non-dischargeable domestic support obligation under 11 U.S.C. § 507(a)(1).
The Ninth Circuit reversed the Bankruptcy Appellate Panel, which had affirmed the bankruptcy court's denial of Maria Rivera ("Debtor") motion for sanctions against Orange County Probation...
Judge(s):
Honorable Stephen Reinhardt, and Kim McLane Wardlaw, Circuit Judges, and Mark W. Bennett, District Judge.
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling:
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection...
7th Cir., Case No. 15-2093, Decided March 11, 2016
Ruling:
The judgment of the bankruptcy court was reversed, and the case remanded in order to determine: a) the value of the asset transferred (in the form of commercial leases that were terminated...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
10 years 7 months ago
Citation:
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling:
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a...
In a 2-1 decision (with a dissenting opinion), the Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s judgment in favor of and absolving the...
