In Re: JUDITH LACY BOZEMAN

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

Citation:

21-10987 (11th Circuit, Jan 10,2023) Published

Case Status:

Reversed and Rendered

Ruling:

A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...

Judge(s):

ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge

Tag(s):

• 11th Circuit
• Personal Bankruptcy Topics
• Mortgage
• 1322(b)(2)
• 1327

In re Jeffrey Rockwell

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 2 years 10 months ago

Citation:

19-2074 (1st Circuit, Jul 30,2020) Published

Case Status:

Affirmed

Ruling:

Upon conversion to chapter 7, the homestead exemption claimed on the original chapter 13 case, maintains the status it held on the day of the filing of the bankruptcy petition.

Judge(s):

Thompson, Lipez, and Kayatta

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Consumer Debt
• 11 U.S.C. 522(b)(3)(A)
• 522(c)(1)-(3); 11 U.S.C. 541(a)(5); 11 U.S.C. 1306
• 1307(a)
• 1322
• 1327
• 1328(a)
• 1329; 11 U.S.C 704
• 726; 11 U.S.C. 348;

In re Richard Black

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 5 months ago

Citation:

BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published

Case Status:

Reversed

Ruling:

1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...

Judge(s):

FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 541(a)(6)
• 1306
• 1327

State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

• Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
• 6 years 10 months ago

Citation:

--- F.3d ---- (11th Cir. 2016)

Ruling:

Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). ...

Judge(s):

JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Family/Divorce Issues
• 1327
• 362

Pawtucket Credit Union v. Boyajian

• Summarized by Guy Moss , Riemer & Braunstein LLP
• 8 years 2 months ago

Citation:

United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015

Ruling:

Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth...

Judge(s):

Kornreich, Tester, and Cary

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Claims
• Plan Confirmation
• 1327
• 501
• 502

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