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Stephen Stanley v. FCA US, LLC

  • Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
  • 3 months 2 weeks ago
Citation:
21-4238; (6th Circuit, October 18, 2022) (6th Circuit, Oct 18,2022) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed U.S. District Court for the Northern District of Ohio grant of summary judgment in favor of Chapter 13 debtor’s former employer in civil lawsuit alleging violation of the...
Judge(s):
McKeague (opinion author), Thapar and Readler
Tag(s):

Annette Diaz v. Mary Viegelahn

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):

In re Sisk, Candalla and Mercado

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 2 years 7 months 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):

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

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):

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

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 3 years 6 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):

Booker v. Johns (In re Booker)

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):

In re Escarcega, et al.

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):

Adinolfi v. Meyer (In re Adinolfi)

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 7 years 2 weeks 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):

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

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):

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