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

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):

Egbune v. Kiel (In re Egbune)

Citation:
CO-16-006 (10th Circuit, Nov 30,2016) Not Published
Case Status:
Affirmed
Ruling:

Any action taken post-confirmation to avoid or alter secured status provided by a confirmed plans is barred by the res judicata effect of § 1327(a). A court can reconsider an allowed or...

Judge(s):
NUGENT, SOMERS, HALL (HALL)
Tag(s):

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

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):

Dale v. Maney (In re Dale)

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...
Judge(s):
DUNN, PAPPAS, and KURTZ,
Tag(s):

Flugence v. Axis Surplus Insurance, et al. (In the Matter of Flugence)

Citation:
Case No. 13-30073 (5th Cir. Oct. 4, 2013)
Ruling:
The Fifth Circuit reversed the district court and reinstated the bankruptcy court decision and held that there is a continuing duty for a debtor to disclose a potential cause of action in...
Judge(s):
Smith, Dennis and Higginson, Circuit Judges
Tag(s):

Fadel v. DCB United LLC (In re Fadel)

Citation:
Not available
Ruling:
The Ninth Circuit BAP AFFIRMED the Bankruptcy Court granting of relief from the automatic stay to permit a purchaser at foreclosure sale to pursue a forcible detainer action against the debtor in...
Judge(s):
Kircher, Dunn and Markell (BAP Ninth Circuit)
Tag(s):

Harchar v. U.S. (In re Harchar)

Citation:
Harcher v. U.S. (In re Harcher), Case Nos. 10-4201, 10-4419, 10-4420 (6th Cir. Sept. 12, 2012)
Ruling:
In a 3-0 ruling, the Sixth Circuit held that the IRS violated neither the Debtor's chapter 13 plan nor the automatic stay by choosing to manually process the Debtor's tax refund when the processing...
Judge(s):
Judge Griffin authored the opinion of the Court. He was joined by Chief Judge Batchelder and District Judge Cohn.
Tag(s):

Johnson v. Fink (In re Johnson)

Citation:
Johnson v. Fink, No. 11-6037 (BAP 8th Cir., November 2, 2011)
Ruling:
Once a chapter 13 plan is confirmed, it is binding upon the debtor unless the plan is modified and approved by the court under Sec. 1329(a) after a substantial change in circumstances. A plan...
Judge(s):
Kressel, Saladino, Nail
Tag(s):

Mattson v. Howe (In re Mattson)

Citation:
Mattson v. Howe (In re Mattson), Ch. 13 Case No. 10-50455, BAP No. WW-11-1478-JuHKi (9th Cir. BAP Apr. 5, 2012)
Ruling:
Subject to the good faith requirements of Section 1329, and the Court's discretion, a debtor may modify his or her plan to reduce the term below the applicable commitment period required for an...
Judge(s):
Lynch; Jury; Hollowell; and Kirscher
Tag(s):

In re Calloway

Citation:
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Tag(s):

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