Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
11 years 2 months ago
Citation:
2012 WL 3890063 (9th Cir. BAP 2012).
Ruling:
Affirming the bankruptcy court, the Ninth Circuit BAP held that when ruling on a motion to dismiss for abuse under § 707(b)(3)(B), the court did not abuse its discretion when it disallowed the...
Judge(s):
Hon. Jim D. Pappas; Meredith A. Jury; and Eileen W. Hollowell (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Robert J. Faris and Hon. Lloyd King (Bankruptcy Court Judges for the District of Hawaii)
Summarized by Brett Weiss , The Weiss Law Group, LLC
11 years 4 months ago
Citation:
Tanya Rene Johnson v. William H. Zimmer, et al., No. 11-2034 (4th Cir. July 11, 2012).
Ruling:
In this 2-1 ruling, the Fourth Circuit adopted the "economic unit" standard for determining household size under the Chapter 13 Means Test. It also held that a part-time household member, such as a...
Judge(s):
Judge G. Steven Agee wrote the opinion of the Court affirming the Bankruptcy Court, which was joined by Judge Robert B. King. Judge J. Harvie Wilkinson, III, wrote a dissenting opinion.
Summarized by George Spathis , Horwood Marcus & Berk Chartered
11 years 9 months ago
Citation:
Non-precedential Disposition: United States Circuit Court of Appeals for the Seventh Circuit, 11-3193
Ruling:
The Seventh Circuit held that debts are not except from discharge by 11 USC §523(a)(2)(A) unless the alleged fraud relates to something other a false statement regarding the Debtor's overall...
Judge(s):
Hon. Frank H. Easterbrook, Chief Judge, Hon. William J. Bauer, Hon. Dianee P. Wood
Summarized by Deborah Crowder , U.S. Bankruptcy Court for the Western District of North Carolina
12 years 4 days ago
Citation:
7:09-cv-00336-sgw (4th Cir. 2011)
Ruling:
The Fourth Circuit Court of Appeals vacated the order of the Virginia District Court, and ruled that a Bankruptcy Court's order denying a Chapter 7 motion to dismiss as abusive pursuant to 11...
