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Guallini-Indij v. Banco Popular de Puerto Rico

Summarizing by Bradley Pearce

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Wharton v. Schwartzer (In re Wharton)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 weeks ago
Citation:
BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Judge(s):
Jury, Fairs, Yun
Tag(s):

Guthrie v. Stadtmueller (In re Guthrie)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 1 month ago
Citation:
SC-15-1390-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order sustaining chapter 7 trustee's objection to debtor's claimed homestead exemption affirmed.
Judge(s):
Faris, Yun, Jury
Tag(s):

Ivey v. First Citizens Bank & Trust Co. (In re Whitley)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 1 month ago
Citation:
15-2209 (4th Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
Judge(s):
Gregory, Wynn, Davis
Tag(s):

Levin v. Carlton (In re Carlton)

Citation:
BAP No. CO-15-044 (10th Circuit, Jan 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Although the Court addressed multiple procedural and substantive issues in the opinion, it principally held that the mere recitation of procedural rules and requirements is insufficient to warrant...
Judge(s):
Nugent, Somers, and Hall.
Tag(s):

Patrick v. CitiMortgage, Inc.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 1 month ago
Citation:
Case No. 16-3436 (6th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
Lender is not liable to borrower, under general tort / contract principles or pursuant to Home Affordable Modification Program (HAMP) regulations, for payment of duplicative insurance premiums from...
Judge(s):
Merritt, Clay and Donald
Tag(s):

Birmingham v. PNC Bank, N.A.

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 1 month ago
Citation:
No. 15-1800 (4th Circuit, Jan 18,2017) Published
Case Status:
Affirmed
Ruling:
The Fourth Circuit determined that the provisions of the deed of trust cited to by the Debtor do not create " ' separate or additional security interest[s]. nut [are] merely [] provision[s] to...
Judge(s):
U.S. Disitrict Judge Gerald Bruce Lee, sitting by designation, and Circuit Judges Thacker and Harris
Tag(s):

In re Zenga

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 1 month ago
Citation:
16-8022/8023 (6th Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Appellate Panel (BAP) reversed bankruptcy court's decision to apply equitable estoppel to deny debtors' motion to dismiss two involuntary petitions that had been filed against them. The...
Judge(s):
Humphrey, Opperman and Preston, BAP judges
Tag(s):

Hermann v. Hartford Casualty Insurance Co.

Citation:
No. 16-1145 (10th Circuit, Jan 12,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's dismissal of a debtor's claim against an insurance company for wrongful denial of a worker's compensation, holding that the debtor was judicially...
Judge(s):
Holmes, Baldock, and Bacharach
Tag(s):

Rosado v. Banco Popular De Puerto Rico, BAP No. PR 16-016, BK Casae No. 11-02825-BKT

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 1 month ago
Citation:
BAP No. PR 16-016, BK Casae No. 11-02825-BKT (1st Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:

 By asserting their claim under § 524(a)(2), the Debtors undertook the burden of demonstrating clearly and convincingly that Banco Popular: (1) had notice of their discharge; (2) intended...

Judge(s):
Feeney, Cary and Fagone
Tag(s):

U.S. Department of Labor v. Harris (In re Harris)

Citation:
16-6024 (8th Circuit, Jan 06,2017) Not Published
Case Status:
Affirmed
Ruling:

Concluding that the facts relevant to the inquiry were undisputed, the BAP affirmed the bankruptcy court's decision declaring the Department of Labor's judgment against the debtor for...

Judge(s):
Federman, Saladino, and Nail.
Tag(s):

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