Booker v. Johns (In re Booker)

Citation:
18-30526 (5th Circuit, Feb 11,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...
Judge(s):
Jolly, Jones, Dennis
Tag(s):

Suzanne Cox v. Wells Richards, et al

Citation:
18-60394 (5th Circuit, Feb 07,2019) Not Published
Case Status:
Affirmed
Ruling:
Individual debtor was barred by doctrine of judicial estoppel from suing to enforce alleged loan she made to certain individuals based on her failure to disclose the loan in her prior bankruptcy...
Judge(s):
Davis, Jones, and Dennis
Tag(s):

Menendez v. Montoya (In re Dollman)

Citation:
BAP No. N-18-019 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded ruling of bankruptcy court (D. NM) denying debtors' motions to amend schedules, including claimed exemptions, after cases had been closed. BAP ruled that...
Judge(s):
Michael, Romero, Somers
Tag(s):

Hindra v. Duetsche Bank National Trust Co. (In re Hindra)

Citation:
BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's decision denying the erstwhile debtor's motions to vacate dismissal of, and to reopen, her chapter 13 case.
Judge(s):
KURTZ, TAYLOR, and FARIS, Bankruptcy Judges
Tag(s):

Roach v. Marshack (In re Roach)

Citation:
No. CC-18-1144-KuTaF, 2019 WL 408628 (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (C.D. Cal.) granting chapter 7 trustee's sale motion over debtor's objection. Debtor waived appeal of disbursement of sale proceeds after...
Judge(s):
Kurtz, Taylor, Faris
Tag(s):

CRP Holdings A-1, LLC v. O`Sullivan (In re O`Sullivan)

Citation:
No. 17-3226, 2019 WL 406685 (8th Circuit, Feb 01,2019) Published
Case Status:
Affirmed
Ruling:
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Judge(s):
Smith, Melloy, Stras
Tag(s):

IN RE: SMITH

Citation:
No. 18-3000 (3rd Circuit, Dec 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...
Judge(s):
AMBRO, KRAUSE and PORTER
Tag(s):

IN RE: CHERNUSHIN

Citation:
18-1068 (10th Circuit, Dec 21,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's...
Judge(s):
BRISCOE, MURPHY, and McHUGH
Tag(s):

IN RE: DUKES

Citation:
16-16513 (11th Circuit, Dec 06,2018) Published
Case Status:
Affirmed
Ruling:
In affirming the bankruptcy court and the district court, the Eleventh Circuit held that a chapter 13 debtor's plan did not discharge the credit union's mortgage at the conclusion of her plan...
Judge(s):
Jill Pryor and Julie Carnes, Circuit Judges, and Conway, District Judge
Tag(s):

IN RE: SMITH, JR.,

Citation:
18-1573 (1st Circuit, Dec 12,2018) Published
Case Status:
Affirmed
Ruling:
Section 363(c)(3)(A) terminates the entire stay thirty days after the filing of a second petition-- as to the actions against the Debtor, the debtor's property, and property of the bankruptcy...
Judge(s):
Lynch, Stahl and Barron
Tag(s):

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