Annette Diaz v. Mary Viegelahn

• Summarized by Bradley Pearce , Pearce Law PLLC
• 9 months 3 weeks ago

Citation:

19-50982 (5th Circuit, Aug 26,2020) Published

Case Status:

Reversed and Remanded

Ruling:

A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...

Judge(s):

STEWART, CLEMENT, and COSTA

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 1325

In re Sisk, Candalla and Mercado

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 11 months 4 weeks ago

Citation:

18-17445; 18-17446; 18-17447; 18-17448 (9th Circuit, Jun 22,2020) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

When there is no objection, a chapter 13 plan need not include a fixed duration, because chapter 13 does not expressly prohibit plans with estimated lengths.

Judge(s):

Wardlaw, Smith, Bumatay

Tag(s):

• 9th Circuit
• Plan Confirmation
• Venue/Jurisdiction
• Consumer Bankruptcy
• 1322
• 1325
• 1329

Gloria Penn v. Mary Viegelahn (In re Gloria Penn)

• Summarized by Aaron Kaufman , Gray Reed
• 1 year 8 months ago

Citation:

18-51055 (5th Circuit, Oct 09,2019) Not Published

Case Status:

Reversed and Rendered

Ruling:

The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...

Judge(s):

Clement, Elrod, Duncan (per curiam)

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 3015
• 1325

Lawson v. Wells Fargo Bank, N.A. (In re Lawson)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 1 year 10 months ago

Citation:

BAP No. CC-19-1011-TaSKu; Bk. No. 8:18-bk-13376-ES (9th Circuit, Jul 31,2019) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court did not abuse its discretion in dismissing debtor's chapter 13 case after denying confirmation of her plan.

Judge(s):

Taylor, Spraker, Kurtz

Tag(s):

• 9th Circuit
• Plan Confirmation
• Consumer Bankruptcy
• Consumer Debt
• 3001(f)
• 1307(c)
• 1322
• 1325
• 502(a)

Booker v. Johns (In re Booker)

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 2 years 4 months ago

Citation:

18-30526 (5th Circuit, Feb 11,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...

Judge(s):

Jolly, Jones, Dennis

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 1325

In re Escarcega, et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 9 months ago

Citation:

NC-16-1333 through -1336, and NC-16-1358 (9th Circuit, Sep 06,2017) Published

Case Status:

Affirmed

Ruling:

In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...

Judge(s):

JURY, FARIS, BRAND, US Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 3015
• 1324
• 1325
• 1328
• 1329

Adinolfi v. Meyer (In re Adinolfi)

• Summarized by Thomas Phinney , Parkinson Phinney
• 5 years 4 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):

• 9th Circuit
• Consumer Bankruptcy
• Plan Confirmation
• 101
• 1325

Arenas v. U.S. Trustee (In re Arenas)

• Summarized by Elizabeth Gunn , U.S. Bankruptcy Court for the District of Columbia
• 5 years 9 months ago

Citation:

Arenas v. U.S. Trustee (In re Arenas), Case No. CO-14-046 (10th Cir. B.A.P. Aug. 21, 2015)

Ruling:

A debtor engaged in the marijuana business legally under state law, but in violation of federal law, cannot obtain relief in the federal bankruptcy court. Engaging in federal criminal conduct...

Judge(s):

Cornish, Nugent, and Somers

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• 1307
• 1325
• 706
• 707

Plymouth Park Tax Services, LLC v. Bowers (In re Bowers)

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 6 years 11 months ago

Citation:

Case No. 13-4404

Ruling:

Purchaser of property tax certificates is entitled to interest at rate shown on tax certificates, not statutory rate for taxes for governmental entity prior to issuance of certificates.

Judge(s):

Ketih, Clay and McKeague

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• 1322
• 1325
• 511

Colbourne v. Ocwen (In re Colbourne)

• Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
• 7 years 7 months ago

Citation:

Greg F. Colbourne v. Ocwen 12-14722(11th Cir Oct, 2013) (unpublished)(per curiam)

Ruling:

Circuit Court affirmed bankruptcy court ruling that because Debtor ineligible for a Chapter 13 discharge he could not cram down the value on first-priority liens on investment properties in his...

Judge(s):

Circuit Judges Martin, Fay, Edmondson

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Claims
• Real Estate
• Valuation
• 1325
• 1328
• 506

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