In re Carol Engen

• Summarized by Lars Fuller , BakerHostetler
• 4 months 1 week ago

Citation:

BAP No. WW-20-1019-BSG (9th Circuit, Jul 06,2020) Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (WD Wash) dismissing chapter 13 case for cause under 11 USC 1307(c), including delay prejudicial to creditors. Debtor's failure to make...

Judge(s):

Brand, Spraker, Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C.S. § 1307

In re Erickson

• Summarized by Lars Fuller , BakerHostetler
• 5 months 3 weeks ago

Citation:

WW-19-1251-FSTa & WW-19-1277-FSTa (9th Circuit, May 29,2020) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (WD Wa.) dismissing chapter 13 debtor's case. Bankruptcy court properly rejected debtor's due process argument that she did not have adequate...

Judge(s):

Faris, Spraker, Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C.S. § 1307

In re Javier Jimenez

• Summarized by Lars Fuller , BakerHostetler
• 8 months 3 weeks ago

Citation:

BP Nos. CC-1901177-TaLG (9th Circuit, Mar 03,2020) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed bankruptcy court (CD California) order dismissing chapter 13 case based on serial filer's bad faith attempts to hinder and delay secured creditor's foreclosure on...

Judge(s):

Taylor, Lafferty, Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C.S. § 1307

In re Kent and Carley Rae Burton

• Summarized by Lars Fuller , BakerHostetler
• 10 months 1 week ago

Citation:

BAP No. AZ-19-1126-LTaF (9th Circuit, Jan 14,2020) Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed dismissal of chapter 13 case after bankruptcy court (D. Az.) determined that debtors' potential recovery from marijuana business lawsuit created impermissible risk of...

Judge(s):

Lafferty, Taylor, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Small Business
• 11 U.S.C.S. § 1307

No v. Gorman

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 2 years 6 months ago

Citation:

17-1679 (4th Circuit, May 24,2018) Published

Case Status:

Reversed and Remanded

Ruling:

A local rule of bankruptcy procedure that is inconsistent with the Bankruptcy Code is invalid.

Judge(s):

Duncan, Agee, Shedd (Duncan)

Tag(s):

• 4th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• Rule 9029
• 11 U.S.C.S. § 1307
• § 1326

Stevenson v. Homes

• Summarized by Hale Lake , Hinshaw & Culbertson LLP
• 2 years 6 months ago

Citation:

1st Circuit BAP No. MB 17-035 (1st Circuit, Apr 30,2018) Published

Case Status:

Affirmed

Ruling:

The First Circuit BAP affirmed dismissal of the debtor’s Chapter 13 case holding the bankruptcy court did not abuse its discretion in dismissing the case for unreasonable delay that is...

Judge(s):

Lamoutte, Finkle, and Harwood

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• 11 U.S.C.S. § 1307

STEVENSON v TND HOMES I, LP

• Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
• 2 years 6 months ago

Citation:

17-035 (1st Circuit, Apr 30,2018) Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not abuse its discretion in dismissing the debtor's chapter 13 case for unreasonable delay prejudicial to creditors within the meaning of section 1307(c)(1) where the...

Judge(s):

Lamoutte, Finkle, and Harwood,

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• 11 U.S.C.S. § 1307

Olson v. Van Meter

• Summarized by Lars Fuller , BakerHostetler
• 2 years 9 months ago

Citation:

NV-17-1168-LTiF (9th Circuit, Feb 05,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 9th Cir. reversed and remanded ruling of bankruptcy court (D. Nev.-Reno) dismissing chapter 13 debtor's case sua sponte on ground that debtor's postpetition acceptance of rent from...

Judge(s):

Lafferty, Tighe, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Real Estate
• 11 U.S.C.S. § 1307

In re Ross

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 3 years 5 months ago

Citation:

No. 15-2222 (In re Ross, 2017 U.S. App. LEXIS 10236 (3d Cir. Pa. June 8, 2017) (3rd Circuit, Jun 06,2017) Not Published

Case Status:

Reversed and Remanded

Ruling:

A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...

Judge(s):

VANASKIE, KRAUSE, and NYGAARD

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage
• Finance and Banking
• 11 U.S.C.S. § 1307
• 11 U.S.C.S. § 109

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