Wohleber v. Skurko & Gentile (In re Wohleber)

Citation:
18-8008 (6th Circuit, Mar 04,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...
Judge(s):
HARRISON, HUMPHREY, and OPPERMAN
Tag(s):

Marshall v. McCarty (In re: Marshall)

Citation:
18-6024 (8th Circuit, Feb 28,2019) Not Published
Case Status:
Affirmed
Ruling:
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Judge(s):
Saladino, Nail, and Dow
Tag(s):

Madatian v. Goldman (In re Madatian)

Citation:
18-1166 (9th Circuit, Feb 11,2019) Not Published
Case Status:
Affirmed
Ruling:
Chapter 7 Trustee was entitled to turnover of debtor’s residential property, and could evict debtor from the property, under § 542(a) inasmuch as “there[] [was] ample evidence demonstrating...
Judge(s):
Faris, Kurtz, and Taylor
Tag(s):

Peter Kvassay v. Robert Kvassay (In re Peter Kvassay)

Citation:
18-1148 (9th Circuit, Feb 11,2019) Not Published
Case Status:
Affirmed
Ruling:
Chapter 7 discharge barred trustee of trustee from seeking to collect on debts owed to the trustee of an estate planning trust in his individual capacity, but did not prohibit the trustee, in his...
Judge(s):
Taylor, Faris, and Kurtz
Tag(s):

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):

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