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Home » 11 U.S.C § 524

Shirley White-Lett v. The Bank of New York Mellon

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 2 months 1 day ago
Citation:
No. 24-13915 (11th Circuit, Dec 11,2025) Not Published
Case Status:
Affirmed
Ruling:
By not previously bringing claims against Creditor, Debtor forfeited such claims after reaching a settlement agreement with Creditor. While the settlement agreement contains a carve-out provision...
Judge(s):
Jill Pryor, Lagoa, and Wilson
Tag(s):

Wyly v. Eichor

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 11 months 4 weeks ago
Citation:
24-20238 (5th Circuit, Feb 26,2025) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the district court’s decision affirming the bankruptcy court’s ruling holding Benson and Pam Wyly in civil contempt for violating Johnnie Eichor’s chapter 7...
Judge(s):
Haynes, Duncan, and Wilson
Tag(s):

In re KENNETH CODY LOCK, II

Citation:
21-3131 (7th Circuit, Apr 26,2023) Published
Case Status:
Affirmed
Ruling:
Like the U.S. District Court for the Northern District of Illinois (DC), the U.S. Court of Appeals for the Seventh Circuit concluded that Kenneth Pucillo (Pucillo) lacked Article III standing to...
Judge(s):
Michael B. Brennan; Thomas Kirsch; and John Z. Lee
Tag(s):

In re: Frank Ragone Jr.

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 4 years 9 months ago
Citation:
20-8013, 2021 WL 1923658 (6th Circuit, May 13,2021) Published
Case Status:
Affirmed
Ruling:
Creditor's Counsel's law firm and Counsel personally liable for violation of discharge injunction by continuing garnishment proceedings on discharged debt and failing to return improperly garnished...
Judge(s):
Croom, Wise and Dales (concurringin part and dissenting in part)
Tag(s):

In re Paul Orlandi

  • Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
  • 5 years 12 months ago
Citation:
19-8001 (6th Circuit, Feb 28,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed in part and reversed in part the bankruptcy court (N.D. Ohio)'s discharge violation finding. Failure to require a contempt proceeding...
Judge(s):
Dales, Harrison (author), and Opperman
Tag(s):

Randolph Sellers, et all v. Rushmore Loan Management Services

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 6 years 3 months ago
Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

Continental Casualty Co. v. Carr, et al.

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 7 years 6 months ago
Citation:
17-1208 (3rd Circuit, Aug 14,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
Judge(s):
Ambro, Circuit Judge
Tag(s):

Anderson v. Credit One Bank, N.A.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 7 years 11 months ago
Citation:
16 ‐ 2496 (2nd Circuit, Mar 07,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
Judge(s):
Pooler and Droney, Circuit Judges , and Ramos District Judge .
Tag(s):

Rogerson v. Shaw (In re Shaw)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 8 years 8 months ago
Citation:
NC-15-1406-BSKu (9th Circuit, Jun 27,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court erred by finding creditor in contempt for willfully violating debtor's discharge injunction without making any finding as to whether creditor knew the discharge injunction...
Judge(s):
Brand, Spraker, Kurtz
Tag(s):

Rosado v. Banco Popular De Puerto Rico, BAP No. PR 16-016, BK Casae No. 11-02825-BKT

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 1 month ago
Citation:
BAP No. PR 16-016, BK Casae No. 11-02825-BKT (1st Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:

 By asserting their claim under § 524(a)(2), the Debtors undertook the burden of demonstrating clearly and convincingly that Banco Popular: (1) had notice of their discharge; (2) intended...

Judge(s):
Feeney, Cary and Fagone
Tag(s):

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