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.
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 7 months ago
Citation:
2016 WL 4147641 (6th Cir. BAPp 2016)
Ruling:
Creditor does not violate discharge injunction by reinstating pre-petition foreclosure action post-discharge where action seeks only in rem relief, even where there is no equity available for ...
Monge v. Rojas (In the Matter of Monge), No. 15-50180, (5th Cir. June 14, 2016)
Ruling:
The district court did not err by overruling unopposed objections to the bankruptcy court's proposed findings of fact and conclusion of law; the district court properly considered the merits of the...
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that...
Judge(s):
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 2 months ago
Citation:
BAP NO. PR 14-067 (1st Cir. B.A.P. December 4, 2015)
Ruling:
The Bankruptcy Appellate Panel for the First Circuit affirmed the Bankruptcy Court's finding that it did not have jurisdiction over real property and that the automatic stay did not protect the...
Saint Catherine Hospital of Indiana, LLC v. Indiana Family and Social Services Administration, Case Nos. 14-2420 and 14-2546 (7th Cir., Aug. 28, 2015) (per curiam)
Ruling:
Reversed the U.S. District Court for the Southern District of Indiana; held that the statutorily-imposed Hospital Assessment Fee ("HAF") for fiscal year 2013 collected by the Indiana Family and...
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP Nos. CC-14-1571 and CC-14-1572
Ruling:
Transfer of title to property in violation of order appointing a receiver is not void and title to the property becomes property of the transferee's bankruptcy estate.
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert...
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the...
Judge(s):
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
