Home » Part III » Rule 3001

Dubois v. Atlas Acquisitions LLC (In re Dubois)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 6 years 7 months ago
Citation:
Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)
Ruling:
The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and...
Judge(s):
Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.
Tag(s):

Velasquez v. Bank of America, N.A. (In re Velasquez)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 7 months ago
Citation:
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Owens v. LVNV Funding, LLC

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 6 years 7 months ago
Citation:
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling:
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection...
Judge(s):
Flaum & Bauer, with Wood dissenting.
Tag(s):

Gonzalez v. Kitay, et al. (In re Kitay)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 7 years 3 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1200-FDJu (December 10, 2015)
Ruling:
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") deemed not appropriate for publication, the BAP held that the bankruptcy court did not err in granting Daniel E. Gonzalez's ("Appellant")...
Judge(s):
Honorable Faris, Dunn, and Jury, Bankruptcy Judges.
Tag(s):

Mercado v, Combined Investments, LLC

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 1 month ago
Citation:
BAP No. MB 14-030
Ruling:
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under...
Judge(s):
Deasy, Kornreich and Finkle
Tag(s):

Bavelis v. Doukas (In re Bavelis)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 8 years 4 months ago
Citation:
Docket No. 14-3067; File name 14a0284p.06
Ruling:
Affirming the decision of the Bankruptcy Appellate Panel (which affirmed the Bankruptcy Court), the Sixth Circuit Court of Appeals rules that the Bankruptcy Court had constitutional authority to...
Judge(s):
Batchelder, Gilman and Gibbons; opinion by Gilman
Tag(s):

Choudhuri v. Deutsche Bank (In re Choudhuri)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 8 years 4 months ago
Citation:
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling:
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying...
Judge(s):
PAPPAS, JURY and KURTZ, Bankruptcy Judges
Tag(s):

Spokane Law Enforcement FCU v. Barker (In re Barker)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 9 years 2 days ago
Citation:
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...
Judge(s):
JURY, KURTZ, and PAPPAS,
Tag(s):

Quick Capital of L.I. Corp. v. Bavelis (In re Bavelis)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 9 years 3 months ago
Citation:
6th Cir. BAP File No. 13b0009n.06; Docket No. 13-8015
Ruling:
Affirming the bankruptcy court for the Southern District of Ohio, the Sixth Circuit Bankruptcy Appellate Panel held claims of lender under a note and loan agreement were properly disallowed where...
Judge(s):
Emerson, Harris and McIvor; opinion by McIvor
Tag(s):

Dow Corning Corp. v. Caffrey (In re Dow Corning Corp.)

Citation:
Dow Corning Corp v Caffrey, 6th Circuit, No. 12-1253 (July 29, 2013)
Ruling:
Tex R Civ P 11 requires agreements between parties to be reduced to writing or have been placed on the record of the court. Absent compliance with Rule 11 or qualifying as an exception under...
Judge(s):
Norris, Moore, and Donald, Circuit Judges.
Tag(s):

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