Hawk v. Engelhart (In the Matter of Hawk)

• Summarized by Michael Cooley , Reed Smith LLP
• 5 years 9 months ago

Citation:

16-20641 (5th Circuit, Sep 05,2017) Published

Case Status:

Reversed and Remanded

Ruling:

Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...

Judge(s):

Stewart, Wiener, and Prado

Tag(s):

• 5th Circuit
• Discharge/Dischargeability
• FRBP 4003
• § 522
• § 704
• § 1306

Viegelahn v. Harris, III (In the Matter of Harris, III)

• Summarized by John Jones , J. R. Jones Law PLLC
• 8 years 11 months ago

Citation:

Case No. 13-50374 (5th Cir. July 7, 2014)

Ruling:

REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...

Judge(s):

Benavides, Clement and Graves, Circuit Judges.

Tag(s):

• 5th Circuit
• Claims
• Plan Confirmation
• § 1306
• § 1326
• § 1327
• § 348

Ice House America, LLC v. Charles Cardin

• Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
• 9 years 3 weeks ago

Citation:

2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463

Ruling:

The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must...

Judge(s):

Richard Fred Suhrheinrich Eugene Edward Siler, Jr. Raymond Kethledge

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Plan Confirmation
• Rule 9014
• § 1301
• § 541
• § 1123
• § 1124
• § 1325
• § 1126
• § 1306
• § 109
• § 1129
• § 1115

Wu v. Markosian (In re Markosian)

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 9 years 2 months ago

Citation:

9th Cir. BAP No. NC-13-1339-JuKiD

Ruling:

In the published opinion, the 9th Circuit BAP affirmed the bankruptcy court decision, the bonus was not property of the re-converted Chapter 7 estate. The BAP determined that 11 U.S.C. Sec. 1115...

Judge(s):

JURY, KIRSCHER, and DUNN

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Bankruptcy Litigation
• § 541
• § 1306
• § 348
• § 1115

Dale v. Maney (In re Dale)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 9 years 4 months ago

Citation:

In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)

Ruling:

In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to...

Judge(s):

DUNN, PAPPAS, and KURTZ,

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• § 541
• § 1325
• § 1306
• § 1327

Carroll v. Logan

• Summarized by Elizabeth Gunn , USBC DDC
• 9 years 7 months ago

Citation:

Carroll v. Logan, ___ F.3d ___, Case No. 13-1024 (4th Cir. October 28, 2013).

Ruling:

The Fourth Circuit adopted the majority view that section 1306 modifies the section 541 time period in Chapter 13 cases. Accordingly, a Chapter 13 bankruptcy estate consists of (i) property...

Judge(s):

Niemeyer, Wynn, and Floyd

Tag(s):

• 4th Circuit
• Consumer Bankruptcy
• § 541
• § 1306

Flugence v. Axis Surplus Insurance, et al. (In the Matter of Flugence)

• Summarized by John Jones , J. R. Jones Law PLLC
• 9 years 8 months ago

Citation:

Case No. 13-30073 (5th Cir. Oct. 4, 2013)

Ruling:

The Fifth Circuit reversed the district court and reinstated the bankruptcy court decision and held that there is a continuing duty for a debtor to disclose a potential cause of action in...

Judge(s):

Smith, Dennis and Higginson, Circuit Judges

Tag(s):

• 5th Circuit
• Discharge/Dischargeability
• Claims
• Fraud
• Plan Confirmation
• § 1306
• § 1327

In re DeSouza

• Summarized by David Baker , Law Office of David G. Baker
• 9 years 11 months ago

Citation:

BAP No. MW12-091

Ruling:

BAP REVERSED and remanded, holding that post-petition divorce court orders for alimony did not violate the automatic stay in a chapter 13 case, but when the debtor was found in contempt and...

Judge(s):

Deasy, Kornreich and Tester.

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Automatic Stay
• Family/Divorce Issues
• § 541
• § 362
• § 1306

In re Michael

• Summarized by Michael Nestor , Young Conaway Stargatt & Taylor
• 10 years 7 months ago

Citation:

In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)

Ruling:

The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for...

Judge(s):

Sloviter, Ambro and Roth

Tag(s):

• 3rd Circuit
• Personal Bankruptcy Topics
• § 301
• § 541
• § 1306
• § 1326
• § 348

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

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