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Christopher M. Cook v. Chapter 13 Trustee

Summarizing by Timothy Anzenberger

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Excellent Home Properties, Inc. v. Candice M. Kinard

Citation:
20-2745 (8th Circuit, May 21,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal of an adversary complaint by the U.S. Bankruptcy Court for the Western District of Missouri (BC), that had sought...
Judge(s):
Raymond W. Gruender; William D. Benton; and Bobby E. Shepherd
Tag(s):

In re: Frank Ragone Jr.

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 5 years 5 days ago
Citation:
20-8013, 2021 WL 1923658 (6th Circuit, May 13,2021) Published
Case Status:
Affirmed
Ruling:
Creditor's Counsel's law firm and Counsel personally liable for violation of discharge injunction by continuing garnishment proceedings on discharged debt and failing to return improperly garnished...
Judge(s):
Croom, Wise and Dales (concurringin part and dissenting in part)
Tag(s):

Rose Markakos v. Medicredit Inc.

Citation:
20-2351 (7th Circuit, May 14,2021) Published
Case Status:
Affirmed
Ruling:
In a non-bankruptcy opinion, the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the dismissal of a complaint for violations of the Fair Debt Collection Practices Act (FDCPA) for...
Judge(s):
Kenneth F. Ripple; Michael S. Kanne; and Ilana K. D. Rovner
Tag(s):

Rick Warren v. Alexander Bednar

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 5 years 4 weeks ago
Citation:
United States Bankruptcy Appellate Panel of the Tenth Circuit BAP Nos. WO-20-041; WO-20-042 (10th Circuit, Apr 27,2021) Not Published
Case Status:
Reversed and Remanded
Ruling:
The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...
Judge(s):
The Hons. Romero, Somers, and Parker
Tag(s):

Jill Bednar v. Rick Warren

Citation:
20-041, 20-042 (10th Circuit, Apr 27,2021) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
Tag(s):

Henry Losch v. Nationstar Mortgage, LLC

Citation:
20-10695 (11th Circuit, Apr 28,2021) Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit held that a jury should decide whether Losch's claims that Experian negligently, but not willfully, violated the Fair Credit Reporting Act by failing to take reasonable...
Judge(s):
Jordan, Newsome, and Tjoflat, Circuit Judges
Tag(s):

In re Tracey Nubia

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 5 years 1 month ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1194-GKT (9th Circuit, Apr 21,2021) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court’s factual determinations are supported by the record and Tracey Nubia (“Debtor”) has not shown that the court clearly erred in valuing her residence.
Judge(s):
Honorable Gan, Klein and Taylor, Bankruptcy Judges (Hon. Christopher M. Klein sitting by designation)
Tag(s):

In re Donald Kupperstein

Citation:
20-1472 (1st Circuit, Apr 22,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the U.S. Bankruptcy Court for the District of Massachusetts (BC), the U.S. Court of Appeals for the First Circuit (Circuit) for the first time formally extended its preexisting...
Judge(s):
Jeffrey R. Howard; Kermit V. Lipez; and Ojetta Rogeriee Thompson
Tag(s):

In re Anna Stahl

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 5 years 1 month ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1254-SGF (9th Circuit, Apr 07,2021) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion by relying exclusively on the schedules to calculate chapter 13 Debtor's eligibility. The BAP also rejected Appellant’s argument that the...
Judge(s):
Honorable Spraker, Gan, and Faris, Bankruptcy Judges
Tag(s):

In re Rizal Juco Guevarra

Citation:
20-1165 (9th Circuit, Mar 29,2021) Not Published
Case Status:
Reversed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) sustaining an exemption objection...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Laura S. Taylor
Tag(s):

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