Zizza v. Pappalardo

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 10 years 1 month ago

Citation:

Zizza v. Pappalardo, BAP No. MW 13-008 ( B.A.P. 1st Cir. Oct. 18, 2013)

Ruling:

The Bankruptcy Appellate Panel (the "BAP") affirmed the bankruptcy court's order converting the debtor's case from chapter 13 to chapter 7. The BAP found that the record established sufficent bad...

Judge(s):

Lamoutte, Haines and Deasy

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• § 1307

Onyeabor v. Centennial Point Owners Association (In re Onyeabor)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 10 years 2 months ago

Citation:

Onyeabor v. Centennial Pointe Owners Ass’n, et al., Case No. 13-4037 (10th Cir. October 9, 2013) (unpublished)

Ruling:

Conversion is appropriate where plan makes no provision for repayment of prepetition secured claims, where Debtor’s income is insufficient to support her plan or even the Appellees’ judgment...

Judge(s):

Briscoe, Anderson, Brorby

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• § 1307

Soto v. Doral Bank (In re Soto)

• Summarized by Samuel Mushell , Americans United for Government Reform
• 10 years 7 months ago

Citation:

BAP NO. PR 12-075

Ruling:

The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not...

Judge(s):

Haines, Feeney, Hoffman

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Bankruptcy Litigation
• § 341
• § 521
• § 1307

In re Zuckerman

• Summarized by David Kozlowski , Morrison Cohen LLP
• 10 years 7 months ago

Citation:

In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)

Ruling:

AFFIRMATION by the First Circuit BAP of the bankruptcy court’s dismissal of the Debtor’s Chapter 13 case under 105(a) for failure to comply with bankruptcy court orders requiring filing of...

Judge(s):

Deasy, Kornreich, and Godoy, Bankruptcy Appellate Panel Judges

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• § 105
• § 1307
• § 109

Sui v. Marshack (In re Sui)

• Summarized by Lovee Sarenas , Sklar Hirsh
• 10 years 8 months ago

Citation:

Not for Publication

Ruling:

The Bankruptcy Appellate Panel affirmed a bankruptcy court's decision to reconvert a chapter 13 case to chapter 7 based on debtor's bad faith conduct instead of dismissing the chapter 13 case. The...

Judge(s):

An appeal came from a decision of the Hon. Catherine BAUER, bankruptcy judge for the Central District of California The appeal came before Bankruptcy Appellate Panel judges: Ralph KIRSCHER, Jim PAPPAS and Randall DUNN.

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Consumer Bankruptcy
• Rule 8003
• § 1307

Elliott v. Sutton (In re Elliott)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 10 years 11 months ago

Citation:

No. 12-30707 (5th Cir. Jan. 7, 2013)

Ruling:

Affirming the judgment of the District Court for the Western District of Louisiana (“the DC”), the Fifth Circuit held that a bankruptcy court may sua sponte convert a debtor’s Chapter 13...

Judge(s):

Higginbotham, Owen, and Southwick, Circuit Judges.

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• Court Administration
• Fraud
• Plan Confirmation
• § 105
• § 706
• § 1307

Paulson v. Wein (In re Paulson)

• Summarized by Omid Moezzi ,
• 11 years 2 months ago

Citation:

Case No 12-6029 (8th Cir. BAP Sept. 2012)

Ruling:

AFFIRMING the lower Court's ruling that denied the debtor, Paulson, a new trial and dismissed his chapter 13 case.

Judge(s):

Schermer, Federman and Saladino.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Claims
• Bankruptcy Litigation
• Plan Confirmation
• § 1325
• § 506
• § 1307

In re Cline

• Summarized by Scott Whitacre ,
• 11 years 6 months ago

Citation:

In re: Santana Cline, Case No. 11-8075 (6th Cir. BAP June 1, 2012)

Ruling:

The Bankruptcy Appellate Panel of the Sixth Circuit affirmed the bankruptcy court’s order dismissing the Debtor’s Chapter 13 case and imposing a two-year filing bar. Such a bar is permissible...

Judge(s):

Harris, Emerson, and Shea-Stonum

Tag(s):

• 6th Circuit
• Automatic Stay
• Practice and Procedure
• § 105
• § 1307
• § 109
• § 349

Mallory v. Heitkamp (In re Mallory)

• Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
• 11 years 7 months ago

Citation:

No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]

Ruling:

Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...

Judge(s):

Garza, Southwick, and Haynes, Circuit Judges.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Claims
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• § 1302
• § 1326
• § 1307

In re Ingram

• Summarized by James Morgan , Howard & Howard
• 11 years 12 months ago

Citation:

In re Ingram, ___ B.R. ___ (B.A.P. 6th Cir. 2011)

Ruling:

The Bankruptcy Appellate Panel of the Sixth Circuit (the "6th Cir. BAP") affirmed a bankruptcy court's dismissal of a chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307, where the debtor did...

Judge(s):

Boswell, Fulton, and McIvor, Bankruptcy Appellate Panel Judges

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Bankruptcy Litigation
• Practice and Procedure
• § 1307
• § 109

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