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In re Lisa Gay Mellem

Summarizing by Laura Coordes

VIncent Manikan v. Peters and Freeman, LLP

Citation:
No. 19-55393 (9th Circuit, Nov 25,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
Tag(s):

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

Citation:
18-5378/5386 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Tag(s):

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

INTERNAL REVENUE SERVICE v MURPHY

Citation:
17-1601 (1st Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Tag(s):

OCWEN LOAN SERVICING, LLC v MARINO

Citation:
NV-16-1229-FLTi and NV-16-1238-FLTi (9th Circuit, Dec 22,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
(1) Affirming the bankruptcy court's judgment of $1,000 per each improper post-discharge contact of the debtors by the creditor; and (2) vacating, and remanding to the bankruptcy court, the...
Judge(s):
FARIS, LAFFERTY, TIGHE (U.S. Bankr. C.D. Cal., sitting by designation)
Tag(s):

State of Missouri Department of Social Services v. Spencer (In re Spencer)

Citation:
16-3182, 16-3183 (8th Circuit, Aug 22,2017) Published
Case Status:
Affirmed
Ruling:
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Tag(s):

State of Missouri, Department of Social Services v. Spencer (In re Spencer)

Citation:
State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)
Ruling:
Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.
Judge(s):
Kressel, Saladino, and Nail
Tag(s):

Green Point Credit, LLC v. McLean (In re McLean)

Citation:
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling:
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...
Judge(s):
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
Tag(s):

In re W.R. Grace & Co., et al.

Citation:
No. 12-1521/2904 (Sept. 4, 2013) (Precedential)
Ruling:
Affirming the District Court's ruling, the Third Circuit Court of Appeals held: (a) Section 524(g) broadly encompasses all asbestos-related actions against the debtors, including claims for...
Judge(s):
Ambro, Fisher and Jordan
Tag(s):

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