Patrick v. CitiMortgage, Inc.

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.

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

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

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):

Rupp v. Auld (In re Auld)

Citation:
BAP No. UT-15-061 (10th Circuit, Jan 03,2017) Published
Case Status:
Reversed
Ruling:

Although the chapter 7 trustee's pleading was inartfully crafted, the relief requested for turnover and production of documents and information from the debtor should have been granted. ...

Judge(s):
Nugent, Somers, and Hall
Tag(s):

Spradlin v. Khouri, et al.

Citation:
15-8031 (6th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:
When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...
Judge(s):
Delk, Humphrey, Opperman (Humphrey)
Tag(s):

Lynch v. Jackson

Citation:
United States Court of Appeals for the Fourth Circuit: No. 16-1358 (4th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:

Debtors [Individuals filing under Chapter 7 for relief with respect to the "Means Testing" pursuant to 11 U.S.C. 707(b) ] are entitled to the full National and Local Standard amount for a...

Judge(s):
Before Circuit Judges Motz, Keenan, and Thacker.
Tag(s):

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