Home » Chapter 13 » SUBCHAPTER II » § 1325

Blumsack v. Harrington (In re Blumsack)

Citation:
BAP NO. 23-003 (1st Circuit, Mar 05,2024) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...
Judge(s):
Godoy, Cary and Fagon
Tag(s):

In re Donnadio

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 5 years 1 month ago
Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

Marshall v. Blake

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 6 years 9 months ago
Citation:
17-2809 (7th Circuit, Mar 22,2018) Published
Case Status:
Affirmed
Ruling:
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Judge(s):
Flaum, Bauer, and Manion
Tag(s):

LVNV Funding, LLC v. Harling, v. Simmons-Beasley

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 7 years 9 months ago
Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

Rupp v. Pearson

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 2 months ago
Citation:
Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.
Ruling:
It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...
Judge(s):
Tymkovich, Hartz, Phillips
Tag(s):

Galaz v. Katona (In the Matter of Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 2 months ago
Citation:
Case No. 15-50919 (5th Cir. Oct. 28, 2016)
Ruling:
AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
Judge(s):
Clement, Weiner, Costa
Tag(s):

Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 8 years 6 months ago
Citation:
Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).
Ruling:
A bankruptcy court has discretion to modify a Chapter 13 plan based on an increase in the Debtors’ post-confirmation income.
Judge(s):
Bauer, Williams, and Adelman (District Judge of the Eastern District of Wisconsin, sitting by designation)
Tag(s):

Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 8 years 9 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Judge(s):
Honorable KIRSCHER, KURTZ and FARIS
Tag(s):

Boukatch v. Midfirst Bank (In re Boukatch)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 6 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-14-1483-KiPaJu (July 9, 2015)
Ruling:
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
Judge(s):
KIRSCHER, PAPPAS and JURY, Bankruptcy Judges.
Tag(s):

Young v. Young (In re Young)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 9 years 6 months ago
Citation:
2015 WL 3756720
Ruling:
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on...
Judge(s):
Loken, Melloy, and Gruender
Tag(s):

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