Anderson v. Cranmer (In re Cranmer)

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):

Matos v. Rivera (In re Matos)

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. PR 11-074, September 26, 2012
Ruling:
As a threshold matter, the BAP ruled that all tax refunds received by a Chapter 13 debtor are property of the estate whether pursuant to 11 U.S.C. sec. 541(a), to the extent they are rooted in...
Judge(s):
Boroff, Deasy and Bailey
Tag(s):

Fisette v. Keller (In re Fisette)

Citation:
Fisette v. Keller, No. 11-3119 (8th Cir. BAP, September 12, 2012)
Ruling:
The BAP dismissed the US Trustee's appeal of the BAP's prior order order because that order was interlocutory in that "further judicial activity" by the bankruptcy court remained to be completed.
Judge(s):
Wollman, Beam, and Loken.
Tag(s):

Woolsey v. Citibank, N.A. (In re Woolsey)

Citation:
Woolsey v. Citibank (In re Woolsey), No. 11-4014 (10th Cir. September 4, 2012).
Ruling:
AFFIRMING the District Court, the 10th Circuit held that § 506(d) prevents Chapter 13 debtors from lien stripping and Dewsnup remains the law. However, the holding is limited to application of ...
Judge(s):
Gorsuch, Holmes, and Matheson
Tag(s):

Danielson v. Flores (In re Flores)

Citation:
2012 U.S. App. LEXIS 18508 (2012)
Ruling:
In reversing the bankruptcy court and remanding the decision to apply the Ninth Circuit's decision in Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868, 872 (9th Cir. 2008), the Ninth Circuit...
Judge(s):
Hons. Harry Pregerson, Susan P. Graber (Circuit Judges) and Edward Chen (District Court Judge sitting by designation). Appeal from a ruling by Hon. Meredith Jury (Bankruptcy Court Judge for the Central District of California).
Tag(s):

RNPM, LLC v. Mercado Alvarez (In re Mercado Alvarez)

Citation:
Case No. PR-080 (1st Cir. BAP June 28, 2012)
Ruling:
Pursuant to Section 1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys...
Judge(s):
Boroff, Deasy, Bailey
Tag(s):

Meyer v. Renteria (In re Renteria)

Citation:
Meyer v. Renteria (In re Renteria), -- B.R.-- (9th Cir.B.A.P. May 4, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held that a Chapter 13 plan does not "unfairly discriminate" between classes of creditors within the meaning of Bankruptcy Code Section...
Judge(s):
Markell, Pappas and Dunn, Bankruptcy Judges
Tag(s):

Michigan Dept. of Treasury v. Hight (In re Hight)

Citation:
12a0069p.06; Docket No. 10-2103
Ruling:
In affirming the rulings of the courts below overruling the objection of the Michigan Department of Treasury ("Treasury") to the debtor's protective claim, the Sixth Circuit Court of Appeals held...
Judge(s):
Martin, Gibbons and Steeh (District Judge); authored by Hon. Julia Smith Gibbons
Tag(s):

Seafort v. Burden (In re Seafort)

Citation:
___ F.3d ___ (2012 WL 469723) (6th Cir. Feb. 15, 2012)
Ruling:
Postpetition income of Chapter 13 debtors that becomes available after 401(k) loans are fully repaid is projected disposable income that must be turned over to trustee for distribution to creditors...
Judge(s):
Suhrheinrich, Gibbons and McKeague
Tag(s):

State of New Hampshire v. McGrahan (In re McGrahan)

Citation:
In re McGrahan, No. 09-13578 (B.A.P. 1st Cir. Dec. 7, 2011)
Ruling:
The B.A.P. concluded the bankruptcy court erred as a matter of law for two reasons. First, the bankruptcy court erroneously ruled that because the Second Modified Plan no longer contained a...
Judge(s):
Feeney, Tester, and Hoffman
Tag(s):

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