Berliner v. Pappalardo (In re Puffer)

• Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
• 12 years 9 months ago

Citation:

(No. 11-1831) (March 22, 2012)

Ruling:

In a matter of first impression at the circuit level, the First Circuit held that a chapter 13 petition and a "fee-only" plan, under which the debtor proposes to pay essentially only the debtor's...

Judge(s):

Selya (author); Souter; Lipez (concurring in judgment); Lipez (concurring opinion)

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Plan Confirmation
• Professional Compensation/Fees
• § 1325
• § 330

Morris v. Quigley (In re Quigley)

• Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
• 12 years 10 months ago

Citation:

Morris v. Quigley (In re Quigley), Case No. 5:08-cv-00126-FPS, 2012 U.S. App. LEXIS 4732 (4th Cir. March 7, 2012).

Ruling:

Guided by the decision of the United States Supreme Court in Hamilton v. Lanning, 130 S. Ct. 2464 (2010), the 4th Circuit reversed the decision of the district court and held that the Debtor should...

Judge(s):

Before Chief Judge William B. Traxler, Judge Diana Gribbon Motz, and Dennis W. Shedd. Chief Judge Traxler wrote the opinion, in which Judge Motz and Judge Shedd joined.

Tag(s):

• 4th Circuit
• Consumer Bankruptcy
• Plan Confirmation
• § 1325

Seafort v. Burden (In re Seafort)

• Summarized by Laura Bartell , Wayne State University Law School
• 12 years 11 months ago

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):

• 6th Circuit
• Personal Bankruptcy Topics
• § 541
• § 1322
• § 1325
• § 1306

Clark v. Shapiro and Pickett, LLP

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 13 years 2 days ago

Citation:

No. 10-15119 (Jan. 11, 2012) [Do Not Publish]

Ruling:

Affirming district court's grant of summary judgment in favor of Defendants on borrower-Plaintiff's multi-count complaint against her mortgage lender and their attorneys for violations of the Fair...

Judge(s):

Barkett, Marcus & Anderson

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Predatory Lending
• Plan Confirmation
• § 1325

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

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 13 years 3 weeks ago

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):

• 1st Circuit
• Consumer Bankruptcy
• § 1322
• § 362
• § 1325
• § 1327
• § 1329

First United Security Bank v. Garner (In re Garner)

• Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
• 13 years 1 month ago

Citation:

1:10-cv-00795-WKW (11th Cir. 2011)

Ruling:

The Eleventh Circuit Court of Appeals affirmed the District Court and Bankruptcy Court's holding that "an over secured creditor is only entitled to the contract rate of interest [on its allowed...

Judge(s):

Dubina (Chief Judge), Cox (Circuit Judge), and Hunt (District Judge).

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Claims
• Plan Confirmation
• § 1325
• § 506

Johnson v. Fink (In re Johnson)

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

Citation:

Johnson V. Fink, Case No: 11-6037 (BAP 8th Cir.)

Ruling:

The Bankruptcy Appellate Panel for the 8th Circuit affirmed the bankruptcy court's ruling.

Judge(s):

Kressel, Chief Judge Saldino and Nail.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Plan Confirmation
• Rule 8002
• § 1325
• § 1327
• § 1329

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