The U.S. Court of Appeals for the Sixth Circuit affirmed a district court's dismissal of tort claims under Kentucky law against Wells Fargo Bank, N.A. related to its wrongful denial of requests for...
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
The Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court did not abuse its discretion in denying a chapter 13 debtor's motion to reconsider an order denying her contempt motion....
The BAP for the 9th Circuit affirmed the bankruptcy court (Bankr. D. Nev.) which granted the Debtor’s motion for voluntary dismissal pursuant to 11 U.S.C. § 1307(b). The BAP held that a Chapter...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Southern District of California (BC) that imposed $2,990 in fines and...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Robert J. Faris
The decision has no precedential value and is not recommended for publication. The B.A.P. for the Ninth Circuit ruled that the bankruptcy court for the District of Arizona did not abuse its...
Sixth Circuit affirmed U.S. District Court for the Northern District of Ohio grant of summary judgment in favor of Chapter 13 debtor’s former employer in civil lawsuit alleging violation of the...
An unambiguous loan modification agreement, signed by the husband and wife that jointly own the real estate, may modify a mortgage signed by the husband as owner of the real estate and the wife...
Acknowledging that exemptions are to be liberally construed on behalf of debtors, the Sixth Circuit BAP affirmed the bankruptcy court decision disallowing the debtor's claimed homestead exemption...
Judge(s):
Bauknight, Dales and Gustafson; Opinion by Gustafson
Two judges of the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal by the U.S. District Court for the District of Minnesota (DC) of a complaint filed by Anders Rydholm...
Judge(s):
Ralph R. Erickson; Michael J.. Melloy; and Jonathan A. Kobes