Affirming the judgments of the BAP and Bankruptcy Court, the Eighth Circuit held that where a debtor's required monthly student loan repayment under the Income Contingency Payment Program (ICRP)...
Judge(s):
Wollman, Murphy, and Colloton, Wollman for the majority, Colloton concurring.
The Eighth Circuit BAP affirmed the judgment against the Trustee in his turnover action that was predicated entirely upon an unjust enrichment claim. The BAP held that section 542(b) and not...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 11 months ago
Citation:
--F.3d-- (9th Cir. 2011); case no. 10-60018 (June 20, 2011)
Ruling:
The Ninth Circuit Court of Appeals affirmed, without further opinion, the decision of the Ninth Circuit Bankruptcy Appellate Panel, upholding provisions in Chapter 13 plans that require mortgage...
Judge(s):
The Honorable Stephen S. Trott; The Honorable Pamela Ann Rymer; and the Honorable Stephen M. McNamee.
Jacks v. Wells Fargo Bank, N.A. (In re Jacks), No. 09-16146 (11th Cir. June 7, 2011)
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of Wells Fargo finding that (1) the mere recordation internally by Wells Fargo of post-petition attorneys fees incurred in filing a...
The 8th Circuit BAP held that 11 U.S.C. 707(b)(1) of the Bankruptcy Code (the "Code") applies to Chapter 7 cases that have been converted from Chapter 13, thus permitting the Chapter 7 trustee to...
