Marciano v. Chapnick (In re Marciano)

• Summarized by Elie Herman ,
• 10 years 3 months ago

Citation:

No. 11-60070 (9th Cir. February 27, 2013)

Ruling:

The court held that (1) Debtor's motion to dismiss for improper service was properly denied, and (2) although on appeal, an unstayed judgment of a state court constitutes a claim against the debtor...

Judge(s):

Kirscher, Markell, and Dunn.

Tag(s):

• 9th Circuit
• Claims
• Rule 7004
• § 101
• § 303

In re Castleton Plaza, LP

• Summarized by Mark Melickian , Sugar Felsenthal Grais & Helsinger LLP
• 10 years 3 months ago

Citation:

Case no. 12-2639, 7th Circuit Court of Appeals (decided February 14, 2013)

Ruling:

On a direct appeal from the bankruptcy court, the 7th Circuit panel held that a new value plan in which new investment in the debtor is provided by a spouse that was not an equity investor in the...

Judge(s):

Frank Easterbrook, Chief Judge; Joel Flaum, Circuit Judge; Ilana Rovner, Circuit Judge. Opinion by Judge Easterbrook.

Tag(s):

• 7th Circuit
• Plan Confirmation
• § 101
• § 1129

Mitchell v. Weinman (In re Mitchell)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 10 years 6 months ago

Citation:

No. CO-11-086 (B.A.P. 10th Cir. Dec. 3, 2012)

Ruling:

Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...

Judge(s):

Cornish, Rasure, and Somers, Bankruptcy Judges.

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Venue/Jurisdiction
• Rule 5010
• Rule 5011
• Rule 9011
• Rule 1017
• Rule 9023
• Rule 9024
• § 101
• § 541
• § 303
• § 350

Ad Hoc Group of Vitro Noteholders v. Vitro SAB de CV (In re Vitro SAB de CV)

• Summarized by John Jones , J. R. Jones Law PLLC
• 10 years 6 months ago

Citation:

Case No. 12-10542 (5th Cir. November 28, 2012)

Ruling:

AFFIRMED, in consolidated appeals arising from a Chapter 15 proceeding, district court's judgment recognizing the Mexican reorganization proceeding and appointment of foreign representatives and...

Judge(s):

King, Smith, and Barksdale, Circuit Judges

Tag(s):

• 5th Circuit
• Court Administration
• International Insolvency
• Plan Confirmation
• § 101
• § 1509
• § 1515
• § 1517
• § 1506
• § 1507
• § 1521

Meyer v. Scholz (In re Scholz)

• Summarized by Elie Herman ,
• 10 years 6 months ago

Citation:

Meyer v. Scholz (In re Scholz), Case No. 11-60023 (9th Cir. November 15, 2012)

Ruling:

An "anti-anticipation" clause does not preclude inclusion of annuity income in a Chapter 13 debtor's projected disposable income.

Judge(s):

Consuelo M. Callahan and Paul J. Watford, Circuit Judges, and James K. Singelton, Senior District Judge.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• § 101
• § 1325
• § 109

Beaulieu v. Ragos (In re Ragos)

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 10 years 7 months ago

Citation:

Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)

Ruling:

Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...

Judge(s):

Davis, Dennis and Haynes

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Rule 8001
• § 101
• § 1325

Anderson v. Cranmer (In re Cranmer)

• Summarized by Adam Kunst , Casner & Edwards, LLP
• 10 years 7 months ago

Citation:

Anderson v. Cranmer (In re Cranmer) Case No. 12-4002 (10th Cir. Oct. 24, 2012)

Ruling:

Social Security income need not be included in the calculation of projected disposable income for a Chapter 13 repayment plan. Not including Social Security income in the calculation of projected...

Judge(s):

Murphy (author), Holloway, and O'Brien

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Plan Confirmation
• § 101
• § 1322
• § 1325
• § 1306
• § 1328

Rugiero v. DiNardo (In re Rugiero)

• Summarized by Omid Moezzi ,
• 10 years 7 months ago

Citation:

6th Cir. Court of Appeals (E.D. Michigan Oct. 10, 2012)

Ruling:

AFFIRMING the lower court's ruling that debtor's attorney fees that arose out of a child-custody dispute is non-dischargeable.

Judge(s):

Sutton, Griffin, and White.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Automatic Stay
• Family/Divorce Issues
• § 101
• § 362
• § 523

Lefkowitz v. Michigan Trucking, LLC (In re Gainey Corp.)

• Summarized by Omid Moezzi ,
• 10 years 8 months ago

Citation:

BAP 6th Cir. (Case No. 11-8038)

Ruling:

AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...

Judge(s):

Fulton, McIvor and Shea-Stonum.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Insurance
• Plan Confirmation
• § 101
• § 363
• § 365

Hann v. Educational Credit Management Corp. (In re Hann)

• Summarized by David Baker , Law Office of David G. Baker
• 10 years 10 months ago

Citation:

BAP No. NH 11-084

Ruling:

Affirming the bankruptcy court, the BAP held that (1) student loan creditor was bound by bankruptcy court’s determination (after an evidentiary hearing on debtor’s objection to claim that the...

Judge(s):

BAP Judges Hillman, Feeney and Hoffman. Decision authored by Hoffman

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Claims
• Plan Confirmation
• Practice and Procedure
• Rule 3007
• § 101
• § 502
• § 523
• § 105

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