In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

• Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
• 9 years 4 weeks ago

Citation:

In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

Ruling:

A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.

Judge(s):

Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Claims
• Mortgage
• Bankruptcy Litigation
• Plan Confirmation
• § 506
• § 1328

Matteson v. Bank Of America (In re Matteson)

• Summarized by Michael Coury , Glankler Brown, PLLC
• 9 years 5 months ago

Citation:

15 FED App. 0006P (6th Cir. August 10, 2015)

Ruling:

The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...

Judge(s):

Delk, Opperman and Preston

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• Claims
• Mortgage
• Rule 3002
• Rule 3004
• § 501
• § 1322
• § 506
• § 1328

Boukatch v. Midfirst Bank (In re Boukatch)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 9 years 6 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-14-1483-KiPaJu (July 9, 2015)

Ruling:

In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...

Judge(s):

KIRSCHER, PAPPAS and JURY, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Bankruptcy Litigation
• Valuation
• Rule 5009
• § 1322
• § 1325
• § 506
• § 1328
• § 350

Jalonowski v. Jean (In re Jean)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 1 month ago

Citation:

Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]

Ruling:

In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and...

Judge(s):

KURTZ, PAPPAS and JURY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Claims
• Mortgage
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Real Estate
• § 523
• § 1307
• § 1328

Automotive Finance Corp. v. Morse (In re Morse)

• Summarized by Michael Cooley , Reed Smith LLP
• 11 years 4 months ago

Citation:

BAP No. MB 12-081 (1st Cir. B.A.P. September 11, 2013).

Ruling:

In a brief ruling, the Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of plaintiff on the nondischargeability of its claim under 11...

Judge(s):

Haines, Deasy, and Godoy.

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Bankruptcy Litigation
• § 523
• § 1328

McIntosh v. LaBarge (In re McIntosh)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 11 years 7 months ago

Citation:

No. 12-6070 (B.A.P. 8th Cir. June 10, 2013)

Ruling:

8th Circuit BAP AFFIRMED the ruling of the Bankruptcy Court affirming Debtor's Second Amended Plan (and rejecting the Debtor's First Amended Plan).

Judge(s):

Kressel, Saladino and Shodeen, Bankruptcy Judges.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Plan Confirmation
• Practice and Procedure
• § 1325
• § 1328

Bullard v. Hyde Park Savings Bank (In re Bullard)

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 11 years 7 months ago

Citation:

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...

Judge(s):

Haines, Tester, and Godoy

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Plan Confirmation
• § 1322
• § 1325
• § 506
• § 1328

Leavitt v. Finney (In re Finney)

• Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
• 11 years 11 months ago

Citation:

In re Finney, No. NV-12-1032-DJuKi (9th Cir. B.A.P. Feb. 6, 2013).

Ruling:

Because the chapter 13 debtor received a chapter 7 discharge in a prior case commenced during the four-year period before the current petition date, she was not entitled to a discharge in the...

Judge(s):

BAP Judges Dunn, Jury, and Kirscher; opinion by Judge Dunn.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Plan Confirmation
• § 1328
• § 348

Anderson v. Cranmer (In re Cranmer)

• Summarized by Adam Kunst , Casner & Edwards, LLP
• 12 years 2 months ago

Citation:

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...

Judge(s):

Murphy (author), Holloway, and O'Brien

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Plan Confirmation
• § 101
• § 1322
• § 1325
• § 1306
• § 1328

Fisette v. Keller (In re Fisette)

• Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
• 13 years 4 months ago

Citation:

11-6012 (B.A.P. 8th Cir. August 29, 2011)

Ruling:

Reversed and Remanded. First, section 1322(b)(2) does not bar a Chapter 13 debtor from "stripping off" a wholly unsecured lien on his principal residence. The first step of the analysis is to...

Judge(s):

Schermer, Venters, and Nail

Tag(s):

• 8th Circuit
• Mortgage
• § 1322
• § 1328

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