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Thelma McCoy v. USA

Summarizing by Craig Geno

In re Pertuset

Citation:
12b0009n.06; Docket No. 12-8014
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Southern District of Ohio which denied confirmation of the debtor's Chapter 12 plan and dismissed...
Judge(s):
Fulton, Harris and Shea-Stonum; opinion by Fulton
Tag(s):

Collect Access LLC v. Hernandez (In re Hernandez)

Citation:
BAP No. SC-12-1209 JuMkPa (consolidated with BAP No. SC-12-1217 JuMkPa (for publication)
Ruling:
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Judge(s):
JURY, MARKELL, and PAPPAS, Bankruptcy Judges
Tag(s):

Santander Consumer USA, Inc. v. Houlik (In re Houlik)

Citation:
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
Judge(s):
Cornish, Brown and Rasure.
Tag(s):

In re Gleason

Citation:
D.C. Docket Nos. 0:11-cv-62406-KAM; 0:06-13274-JKO (No. 12-11433)
Ruling:
The Court of Appeals for the Eleventh Circuit affirmed the order entered by the bankruptcy court and upheld on appeal by the District Court for the Southern District of Florida which suspended an...
Judge(s):
Carnes, Barkett and Fay
Tag(s):

Harchar v. U.S. (In re Harchar)

Citation:
Harcher v. U.S. (In re Harcher), Case Nos. 10-4201, 10-4419, 10-4420 (6th Cir. Sept. 12, 2012)
Ruling:
In a 3-0 ruling, the Sixth Circuit held that the IRS violated neither the Debtor's chapter 13 plan nor the automatic stay by choosing to manually process the Debtor's tax refund when the processing...
Judge(s):
Judge Griffin authored the opinion of the Court. He was joined by Chief Judge Batchelder and District Judge Cohn.
Tag(s):

Malley v. Agin

Citation:
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
Judge(s):
Boudin, Souter, Thompson
Tag(s):

First Premier Capital LLC v. Republic Bank of Chicago (In re Equipment Acquisition Resources Inc.)

Citation:
First Premier Capital LLC v. Republic Bank of Chicago (In re Equipment Acquisition Resources Inc.), Case No. 11-3905 (7th Cir. Aug. 9, 2012)
Ruling:
Seventh Circuit Court of Appeals affirmed the District Court's ruling, which affirmed the Bankruptcy Court's ruling, that the granting of the settlement motion was not an abuse of discretion.
Judge(s):
Circuit Judges: Cudahy, Kanne, and Hamilton
Tag(s):

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

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):

In re American Capital Equipment, LLC

Citation:
In re American Capital Equipment, LLC, Case No. 10-2239 (3d Cir. July 25, 2012).
Ruling:
Time of Confirmability Determination Bankruptcy judges can determine a Chapter 11 plan is unconfirmable without first holding a confirmation hearing where: (1) the plan is "patenty unconfirmable,...
Judge(s):
Fisher, Vanaskie, and Roth
Tag(s):

National Bank of Arkansas v. Panther Mountain Land Development, LLC (In re Panther Mountain Land Development, LLC)

Citation:
Case No. 11-1900 (8th Cir. July 25, 2012)
Ruling:
The automatic stay does not apply to an action against a Debtor's improvement districts formed under Arkansas law because the improvement districts are neither property of the Debtor nor the...
Judge(s):
Loken, Bye, and Melloy
Tag(s):

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