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Home » Chapter 3 » SUBCHAPTER III » § 348

Brown v. Billingslea (In re Brown)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 5 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. SC-14-1388-JuKlPa (October 26, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") applied the two-part test to determine whether the bankruptcy court abused its discretion: first, determine de novo whether the [bankruptcy]...
Judge(s):
JURY, KLEIN (sitting by designation) and PAPPAS, Bankruptcy Judges
Tag(s):

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

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 11 years 8 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):

Wu v. Markosian (In re Markosian)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 2 weeks ago
Citation:
9th Cir. BAP No. NC-13-1339-JuKiD
Ruling:
In the published opinion, the 9th Circuit BAP affirmed the bankruptcy court decision, the bonus was not property of the re-converted Chapter 7 estate. The BAP determined that 11 U.S.C. Sec. 1115...
Judge(s):
JURY, KIRSCHER, and DUNN
Tag(s):

Branigan v. Davis (In re Davis)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 12 years 10 months ago
Citation:
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.
Tag(s):

Leavitt v. Finney (In re Finney)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 13 years 1 month 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):

In re Michael

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 13 years 5 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):

Cantu v. International Bank of Commerce (In re Cantu)

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 14 years 1 week ago
Citation:
Cantu v International Bank of Commerce (In re Cantu) (5th Cir. S.D. Tex. Mar. 2012)(unpublished)
Ruling:
Section 348(d) did not transform a lien on the Debtor's post-petition receivables, arising from a settlement approved by the Bankruptcy Court prior to conversion, into one treated as existing...
Judge(s):
Higginbotham, Davis and Elrod (Per Curiam)
Tag(s):

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