The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
The Seventh Circuit affirmed the district court's order affirming confirmation of the debtor's chapter 13 plan, holding that as a general matter an above-median debtor may categorically exclude...
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
11 years 9 months ago
Citation:
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling:
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan...
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s):
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
11 years 11 months ago
Citation:
Wells Fargo Bank, N.A. v. Scantling (In re Scantling), Case No. 13-10558 (11th Cir. June 18, 2014).
Ruling:
The Court found that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 does not prohibit a debtor from stripping off a wholly unsecured junior mortgage in a Chapter 20 case.
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
12 years 1 week 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
Summarized by James Clarke , Akin Gump Strauss Hauer & Feld LLP
12 years 1 month ago
Citation:
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling:
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not...
Judge(s):
Duncan, Wynn, and Thacker (Opinion written by Wynn)
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 3 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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 8 months ago
Citation:
Danielson v. Flores (In re Flores), No. 11-55452, --- F.3d --- (9th Cir. Aug. 29, 2013)
Ruling:
Affirming the Bankruptcy Court, the Ninth Circuit, sitting en banc, held that a Bankruptcy Court may confirm a chapter 13 plan of reorganization under section 1325(b)(1)(B) only if the plan’s...
Robert D. Mort Ranta v. Gorman, Trustee (In re Mort Ranta) Case No.12-2017 (4th Cir. July 1, 2013)
Ruling:
Holding that “for both above-median income and below-median income debtors, Social Security income is excluded from the calculation of ‘projected disposable income’ under § 1325(b)(2)”,...
Judge(s):
Before Circuit Judge Gregory, Circuit Judge Agee and Judge Faber (United States District Judge for the Southern District of West Virginia, sitting by designation). Judge Gregory wrote the majority opinion, in which Judge Agee joined. Judge Faber wrote a dissenting opinion.
