Starky v. Birdsell (In re Starky)

Citation:
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Judge(s):
Hon. Dunn, Jury, and Kirscher
Tag(s):

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

Citation:
Frates v. Wells Fargo Bank, N.A., Case No. NC-13-1366-JuKiD (B.A.P. 9th Cir. 2013) (published)
Ruling:
The Debtors satisfied procedural due process requirements by serving their motion and notice of motion to avoid the judicial lien of Wells Fargo in accordance with the Federal Rules of Bankruptcy...
Judge(s):
Jury, Kirscher, and Dunn
Tag(s):

Kathy Ann Green v. Hapo Community Credit Union (In re Green)

Citation:
BAP No.: EW-12-1486-PaJuTa; Bankr. No.: 04-07678 (Not for Publication)
Ruling:
In considering whether the Bankruptcy Court erred in denying the debtor’s motion to avoid a judicial lien under § 522(f) in a reopened bankruptcy case, the Bankruptcy Appellate Panel of the...
Judge(s):
Pappas, Jury, and Taylor, Bankruptcy Judges; Appeal from Hon. Patricia C. Williams
Tag(s):

Staker v. Jubber (In re D. Staker)

Citation:
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling:
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property...
Judge(s):
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
Tag(s):

Sweeden v. Bertola (In re Bertola)

Citation:
Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)
Ruling:
A debtor can convert cash proceeds from the sale of his home to non-cash property and such non-cash property retains its character as proceeds of the homestead for exemption purposes under...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation).
Tag(s):

McCoy v. Kuiken (In re Kuiken)

Citation:
BAP No. SC-12-1218-JuMkPa (B.A.P. 9th Cir. Jan. 4, 2012)
Ruling:
REVERSING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that the debtor was not entitled to avoid a judicial lien encumbering the debtor's real property under 11 U.S.C. §...
Judge(s):
JURY, MARKELL, and PAPPAS
Tag(s):

In re Messina

Citation:
In re Messina, No. 11-1426 (3rd Cir. Aug. 6, 2012)
Ruling:
The Third Circuit found that Schwab v. Reilly, 130 S. Ct. 2652 (2010) modified Taylor v. Freeland & Kronz, 503 U.S. 638 (1992) so that Bankruptcy Rule 4003's 30-day time limit now only applies to...
Judge(s):
Fisher, Hardiman and Greenaway, Circuit Judges
Tag(s):

Silliman v. Cassell (In re Cassell)

Citation:
United States Court of Appeals for the 11th Circuit, Case No. 11-13115 The case was decided on March 22, 2013, and will be published.
Ruling:
The District Court ruled that an annuity purchased by the Debtor with inherited funds one year before filing bankruptcy was exempt as an “annuity” under the Georgia bankruptcy exemption...
Judge(s):
Circuit Judges Carnes, Martin and Jordan
Tag(s):

Studensky v. Morgan (In re Morgan)

Citation:
Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR. R. 47.5
Ruling:
The Fifth Circuit REVERSED the judgment of the District Court and held that, where a debtor does not claim a homestead exemption and then sells the homestead post-petition, the debtor has the...
Judge(s):
Jolly, Higginbotham, and Dennis (per curiam)
Tag(s):

Cook v. Wells Fargo Bank, N.A., Scott Garrett and Pamela Garrett (In re Cook)

Citation:
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
Judge(s):
Nugent, Romero and Somers, Bankruptcy Judges.
Tag(s):

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