No v. Gorman

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 7 months ago

Citation:

17-1679 (4th Circuit, May 24,2018) Published

Case Status:

Reversed and Remanded

Ruling:

A local rule of bankruptcy procedure that is inconsistent with the Bankruptcy Code is invalid.

Judge(s):

Duncan, Agee, Shedd (Duncan)

Tag(s):

• 4th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• Rule 9029
• 11 U.S.C.S. § 1307
• § 1326

Villalon v. Burchard (In re Villalon)

• Summarized by Elie Herman ,
• 9 years 7 months ago

Citation:

Villalon v. Burchard (In re Villalon), Case No. 14-1414 (9th Cir. B.A.P. May 22, 2015) (unpublished).

Ruling:

The bankruptcy court did not abuse its discretion in dismissing Debtor's chapter 13 case, as Debtor imposed prejudicial, unreasonable delay on a creditor and failed to make timely payments.

Judge(s):

Kirscher, Taylor, and Dunn.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Claims
• Mortgage
• Bankruptcy Litigation
• Plan Confirmation
• § 1326
• § 1307

Viegelahn v. Harris, III (In the Matter of Harris, III)

• Summarized by John Jones , J. R. Jones Law PLLC
• 10 years 6 months ago

Citation:

Case No. 13-50374 (5th Cir. July 7, 2014)

Ruling:

REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...

Judge(s):

Benavides, Clement and Graves, Circuit Judges.

Tag(s):

• 5th Circuit
• Claims
• Plan Confirmation
• § 1306
• § 1326
• § 1327
• § 348

In re Michael

• Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
• 12 years 2 months ago

Citation:

In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)

Ruling:

The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for...

Judge(s):

Sloviter, Ambro and Roth

Tag(s):

• 3rd Circuit
• Personal Bankruptcy Topics
• § 301
• § 541
• § 1306
• § 1326
• § 348

Mallory v. Heitkamp (In re Mallory)

• Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
• 12 years 9 months ago

Citation:

No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]

Ruling:

Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...

Judge(s):

Garza, Southwick, and Haynes, Circuit Judges.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Claims
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• § 1302
• § 1326
• § 1307

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