Bullard v. Hyde Park Savings Bank (In re Bullard), No. 12-054 (B.A.P. 1st Cir. May 24, 2013)
Ruling:
The B.A.P. affirmed the bankruptcy court's order, finding that the Debtor's "hybrid" plan was not confirmable. The plan proposed to modify several of Hyde Park Bank's (the secured creditor) rights...
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 11 months ago
Citation:
Case No. 12-60009 (9th Cir. March 25, 2013)
Ruling:
In AFFIRMING the judgment of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's judgment confirming a chapter 13 plan as proposed in good faith, the Ninth Circuit held that under...
Judge(s):
Kenneth F. Ripple, Stephen S. Trott, and Richard A. Paez
Summarized by Laura Bartell , Wayne State University Law School
12 years 12 months ago
Citation:
No. 12-8030 (6th Cir. BAP March 14, 2013)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel vacated order of bankruptcy court for the S.D. Ohio denying confirmation of debtors' chapter 13 plan, dismissing debtors' bankruptcy case and ordering...
In short, In re Scholz stands for the proposition that annuity income received by a former railroad employee under the Railroad Retirement Act ("RRA") "must be included when calculating [a...
Judge(s):
Bankruptcy Judge Lee presided over the bankruptcy proceedings. The Bankruptcy Court opinion is found at 427 B.R. 864. Judges Markell, Zive, and Jury presided over the BAP appeal. The BAP opinion, authored by Judge Markell, is found at 447 B.R. 887. Ninth Circuit Judges Callahan and Watford, along with District Court Judge Singleton (sitting by designation) sat on the Ninth Circuit Panel. Judge Watford authored the Ninth Circuit's published opinion.
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 4 months ago
Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
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...
