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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Holly MacIntyre v. JP Morgan Chase Bank, N.A. (In re Macintyre)

Citation:
BAP No. CO-18-085 (10th Circuit, Mar 05,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
Judge(s):
Cornish, Jacobvitz, Mosier
Tag(s):

In re McCoy

Citation:
6th Cir, B.A.P. Case No. 15-8056 (6th Circuit, Nov 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:

The Bankruptcy Court abused its discretion in denying the debtor's motion to reopen his chapter 7 case, pursuant to section 350(b), based solely upon the passage of time, where the debtor...

Judge(s):
Harrison, Preston, Wise
Tag(s):

In re Yonish

Citation:
In re Yonish, Case No. 15-8006, (6th Cir. BAP March 3, 2016) (unpublished)
Ruling:
Limiting the precedential effect to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) reversed the decision below denying the Debtors' motion to reopen their case in order to avoid...
Judge(s):
Delk, Harrison and Lloyd; opinion by Harrison
Tag(s):

Jester v. Wells Fargo Bank N.A. (In re Jester)

Citation:
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling:
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
Judge(s):
Thurman, Jacobvitz, Hall (Hall)
Tag(s):

Boukatch v. Midfirst Bank (In re Boukatch)

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):

Hujazi v. Wirum (In re North Oxford Bright Horizons Group, LLC)

Citation:
Hujazi v. Wirum (In re North Oxford Bright Horizons Group, LLC), BAP No. NC-14-1030-TaDKi (B.A.P. 9th Cir. May 22, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that (1) debtor's affiliate was a "person aggrieved" and therefore had standing to appeal from the final...
Judge(s):
TAYLOR, DUNN, and KIRSCHER
Tag(s):

Bowman v. Casamatta (In re: Bowman)

Citation:
Bowman v. Casamatta (In re Bowman), No. 14-6034 (BAP 8th Cir. Mar. 18, 2015)
Ruling:
BAP affirmed bankruptcy court's denial of motion to reopen chapter 11 case. Original case had been dismissed for cause nearly a decade prior before any plan was confirmed. BAP ruled that 11 USC...
Judge(s):
Kressel, Schermer, Nail
Tag(s):

Ludvigsen v. Osborne

Citation:
Ludvigsen v. Osborne, BAP No. MB 14-039 (B.A.P. 1st Cir. Jan. 16, 2015)
Ruling:
The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to...
Judge(s):
Deasy, Kornreich, and Finkle
Tag(s):

Dymon Investments, Inc. v. Welch (In re Welch)

Citation:
Dymon Investments, Inc. v. Welch (In re Welch), BAP No. NV-14-1079-HlPaJu (Jan. 5, 2015)
Ruling:
AFFIRMING the decision below, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion when it denied creditors' motion to reopen a closed...
Judge(s):
HOULE, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

Pennington-Thurman v. Bank of America N.A. (In re Pennington-Thurman)

Citation:
Pennington-Thurman v. Bank of America, N.A., No. 13-6023 (October 21, 2013)
Ruling:
The BAP affirmed the bankruptcy court's conclusion that the debtor's allegations against her mortgage lender were without merit and, therefore, it did not abuse its discretion in denying the...
Judge(s):
Federman, Saldino, and Shodeen
Tag(s):

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