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):

Metropolitan Government of Nashville & Davidson County v. Hildebrand, III (In re Corrin)

Citation:
16-5717/5719 (6th Circuit, Feb 23,2017) Published
Case Status:
Affirmed
Ruling:
A state law targeted at bankruptcy proceedings and not a law of general applicability is not “applicable non-bankruptcy law” when calculating interest on an over-secured tax claim under 11...
Judge(s):
Merritt, Moore, Stranch (Stranch)
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):

In re Beltway One Development Group, LLC

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. NV-14-1564-KiDJu
Ruling:
If an oversecured creditor is impaired under the plan, the creditor is presumptively entitled to interest at the contractual default rate from the petition date through the plan effective date if...
Judge(s):
Kirscher, Dunn and Jury
Tag(s):

O&S Trucking, Inc. v. Mercedes Benz Financial Services, USA (In re O&S Trucking, Inc.)

Citation:
No. 15-2048 (8th Cir. Jan. 22, 2016).
Ruling:
Bankruptcy Appellate Panel correctly dismissed as moot debtor’s appeal from order confirming chapter 11 plan, where debtor had not objected to its plan prior to confirmation. Affirmed.
Judge(s):
Colloton, Gruender, and Shepherd.
Tag(s):

Southwest Securities, FSB v. Segner, Jr.

Citation:
Case No. 14-41463 (5th Cir. Dec. 29, 2015)
Ruling:
AFFIRMED by 5th Circuit. In reviewing the origins of the "primarily for the benefit of" language from In re Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir. 1991) requirement of Section 506 (c), the...
Judge(s):
Benavides, Dennis and Costa, Circuit Judges.
Tag(s):

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

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):

Carswell v. Rojas, et al. (In re Carswell)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1100-KuKiTa (December 11, 2015)
Ruling:
In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...
Judge(s):
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
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):

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