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Umpqua Bank v. Carolyn Burke (In re Burke)

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 3 years 3 months ago
Citation:
BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published
Case Status:
Reversed
Ruling:
Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...
Judge(s):
Spraker, Taylor, Brand
Tag(s):

Marshall v. Blake

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 4 years 12 months ago
Citation:
17-2809 (7th Circuit, Mar 22,2018) Published
Case Status:
Affirmed
Ruling:
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Judge(s):
Flaum, Bauer, and Manion
Tag(s):

Adinolfi v. Meyer (In re Adinolfi)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 7 years 2 months ago
Citation:
9th Cir. BAP No. EC-15-1091-JuFD (published Feb. 19, 2016)
Ruling:
The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
Judge(s):
FARIS, DUNN, and JURY, Bankruptcy Judges
Tag(s):

Heritage Bank v. Woodward (In re Woodward)

Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Judge(s):
Federman, Schermer, and Shodeen
Tag(s):

Miller v. United States Trustee (In re Miller)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 5 months ago
Citation:
Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling:
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just...
Judge(s):
Nugent, Karlin, Somers
Tag(s):

Francis v. Wallace (In re Francis)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 9 years 2 weeks ago
Citation:
BAP No. NC-13-1300-DJuKi; Bk No 12-11910; Adv. No 13-01040 (for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's summary judgment ruling that the debtor’s obligation to “pay and hold Wife harmless” from certain credit card debt under a marital...
Judge(s):
DUNN, KIRSCHER and JURY, Bankruptcy Judges
Tag(s):

Ashworth v. Ehrgott ( In re Ashworth)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 9 years 3 months ago
Citation:
Ashworth v. Ehrgott, et al. (In re Ashworth), B.A.P. No. CC-12-1591 (9th Cir. B.A.P., December 16, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the order of the Bankruptcy Court, overruling the Debtor's objection to the proof of claim filed by his...
Judge(s):
Taylor, Dunn, and Pappas, Bankruptcy Judges.
Tag(s):

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