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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Paris Gyparakis

Carbo v. Board of Tax Assessors

Summarizing by Danielle Scott

NAI HORIZON V. AMADEUS THERAPY, INC.

Summarizing by David Treacy

Guallini-Indij v. Banco Popular de Puerto Rico

Summarizing by Bradley Pearce

Home » Personal Bankruptcy Topics » Consumer Bankruptcy

Wendy Owens v. Randy Royal, Chapter 7 Trustee

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 1 month ago
Citation:
BAP No. WY-19-027 (10th Circuit, Jan 29,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
Judge(s):
Nugent, Michael, Mosier
Tag(s):

Raphael Glapion v. John Mashburn

Citation:
WO-19-030 (10th Circuit, Jan 30,2020) Not Published
Case Status:
Affirmed
Ruling:
Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
Judge(s):
Nugent, Michael, and Mosier
Tag(s):

Wal-Mart Stores, Incorporated, et al v. Tobin Park

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 6 years 1 month ago
Citation:
18-30378 (5th Circuit, Jan 08,2020) Not Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...
Judge(s):
Owen, Weiner and Dennis
Tag(s):

In re Richard Black

Citation:
BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published
Case Status:
Reversed
Ruling:
1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
Judge(s):
FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
Tag(s):

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Judge(s):
Oldham, Clement, Duncan
Tag(s):

Sharon Rose v. Select Portfolio Servicing, et al

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 2 months ago
Citation:
19-50598 (5th Circuit, Dec 10,2019) Published
Case Status:
Affirmed
Ruling:
5th Circuit affirmed District Court (W.D. Tx.) grant of summary judgment in favor of creditors seeking foreclosure against former serial bankruptcy filer. Texas common law and Section 362(c)(3)(A)...
Judge(s):
Owen, Southwick and Willett
Tag(s):

In re Donnadio

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 6 years 3 months ago
Citation:
19-8004, 2019 WL 6270946 (6th Cir. BAP 2019) (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Court cannot confirm Plan as matter of law where Plan provides for payment of secured claim but does not expressly provide that Creditor will retain lien until obligation is paid in full under...
Judge(s):
Wise, Buchanan and Harrison
Tag(s):

In re Donnadio

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 6 years 3 months ago
Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

Umpqua Bank v. Carolyn Burke (In re Burke)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 6 years 3 months ago
Citation:
BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published
Case Status:
Reversed
Ruling:
Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...
Judge(s):
Spraker, Taylor, Brand
Tag(s):

Randolph Sellers, et all v. Rushmore Loan Management Services

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 6 years 4 months ago
Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

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