Wal-Mart Stores, Incorporated, et al v. Tobin Park

Citation:
18-30378 (5th Circuit, Jan 08,2020) Not Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...
Judge(s):
Owen, Weiner and Dennis
Tag(s):

In re Richard Black

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):

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Judge(s):
Oldham, Clement, Duncan
Tag(s):

Sharon Rose v. Select Portfolio Servicing, et al

Citation:
19-50598 (5th Circuit, Dec 10,2019) Published
Case Status:
Affirmed
Ruling:
5th Circuit affirmed District Court (W.D. Tx.) grant of summary judgment in favor of creditors seeking foreclosure against former serial bankruptcy filer. Texas common law and Section 362(c)(3)(A)...
Judge(s):
Owen, Southwick and Willett
Tag(s):

In re Donnadio

Citation:
19-8004, 2019 WL 6270946 (6th Cir. BAP 2019) (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Court cannot confirm Plan as matter of law where Plan provides for payment of secured claim but does not expressly provide that Creditor will retain lien until obligation is paid in full under...
Judge(s):
Wise, Buchanan and Harrison
Tag(s):

In re Donnadio

Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

Umpqua Bank v. Carolyn Burke (In re Burke)

Citation:
BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published
Case Status:
Reversed
Ruling:
Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...
Judge(s):
Spraker, Taylor, Brand
Tag(s):

Randolph Sellers, et all v. Rushmore Loan Management Services

Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

In re Joy Denby Peterson

Citation:
18-3562 (3rd Circuit, Oct 28,2019) Published
Case Status:
Affirmed
Ruling:
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
Judge(s):
McKee, Shwartz, and Fuentes
Tag(s):

Jenny Smith v. Haynes & Haynes P.C.

Citation:
17-14150 (11th Circuit, Oct 15,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Applying its ruling in Slater II, the Eleventh Circuit reversed in part the district court's grant of summary judgment in favor of defendants based on judicial estoppel arising from plaintiff's...
Judge(s):
Tjoflat and Newsom, Circuit Judges, and Antoon, District Judge
Tag(s):

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