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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

Guallini-Indij v. Banco Popular de Puerto Rico

Summarizing by Bradley Pearce

Home » Personal Bankruptcy Topics » Consumer Bankruptcy

Village Park Community Association v. Faitalia (In re Faitalia)

Citation:
HI-16-1170-JuTaKu (9th Circuit, Dec 06,2016) Published
Case Status:
Reversed
Ruling:

After Chapter 13 Debtors successfully stripped homeowner association lien for purposes of plan confirmation, bankruptcy court erred in awarding attorneys fees and costs to Chapter 13 Debtor as...

Judge(s):
JURY, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

White v. MAS Financial (In re White)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 2 months ago
Citation:
CC-16-1067-TaKuKi (9th Circuit, Dec 02,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court's order denying debtor's fee motion is vacated, and case is remanded to determine whether adversary proceeding was an action on a sales contract and whether attorney's fees are...

Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

In re Wojcik

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 2 months ago
Citation:
BAP No. CC-16-1172-KiFPa (9th Circuit, Nov 30,2016) Published
Case Status:
Affirmed
Ruling:

Petition preparer was strictly liable for violating 110 by using term "paralegal" in firm name and advertisement.

Judge(s):
Ralph B. Kirscher and Robert J. Faris, Bankruptcy Appellate Panel Judges, and Jim D. Pappas, U.S. Bankruptcy Judge for the District of Idaho, sitting by designation
Tag(s):

Nelson v. Long (In re Long)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 2 months ago
Citation:
16-6073 (10th Circuit, Dec 12,2016) Published
Case Status:
Affirmed
Ruling:

The scope and application of state exemptions are defined by the state courts and appellate courts will give deference to the state's hhighest court's interpretation. if the state's highest...

Judge(s):
BRISCOE, EBEL, PHILLIPS (BRISCOE)
Tag(s):

Yagman v. Kittay (In re Yagman)

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 9 years 3 months ago
Citation:
United States Court of Appeals for the Second Circuit; Case No. 16-57 (2nd Circuit, Dec 01,2016) Not Published
Case Status:
Affirmed
Ruling:
RULING BY SUMMARY ORDER (DOES NOT HAVE PRECEDENTIAL EFFECT). United States Court of Appeals for the Second Circuit held that the district court properly dismissed a Chapter 7 debtors' appeal for...
Judge(s):
DENNIS JACOBS, ROSEMARY S. POOLER, Circuit Judges, and GEOFFREY W. CRAWFORD, District Judge (sitting by designation)
Tag(s):

Egbune v. Kiel (In re Egbune)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 3 months ago
Citation:
CO-16-006 (10th Circuit, Nov 30,2016) Not Published
Case Status:
Affirmed
Ruling:

Any action taken post-confirmation to avoid or alter secured status provided by a confirmed plans is barred by the res judicata effect of § 1327(a). A court can reconsider an allowed or...

Judge(s):
NUGENT, SOMERS, HALL (HALL)
Tag(s):

In re McCoy

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 3 months ago
Citation:
6th Cir, B.A.P. Case No. 15-8056 (6th Circuit, Nov 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:

The Bankruptcy Court abused its discretion in denying the debtor's motion to reopen his chapter 7 case, pursuant to section 350(b), based solely upon the passage of time, where the debtor...

Judge(s):
Harrison, Preston, Wise
Tag(s):

Paulson v. McDermott et al. (In re Paulson)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 3 months ago
Citation:
16-6018 (8th Circuit, Nov 17,2016) Published
Case Status:
Affirmed
Ruling:

The Bankruptcy Court for the District of South Dakota did not err in dismissing the Debtor's chapter 13 case, denying the Debtor's motion to reinstate, and denying the Debtor's motion to...

Judge(s):
Federman, Schermer, Saladino
Tag(s):

Rupp v. Pearson

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 4 months ago
Citation:
Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.
Ruling:
It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...
Judge(s):
Tymkovich, Hartz, Phillips
Tag(s):

Scott v. King (In re Amerson)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 4 months ago
Citation:
Scott v. King (In re Amerson), Case No. 15-1343 (10th Cir. Oct. 28, 2016)
Ruling:
The exclusion from the bankruptcy estate of an interest in a spendthrift trust under 541(c)(2) is permissive and not mandatory and it is a debtor's choice whether or not to include such interest in...
Judge(s):
Kelly, Briscoe, Gorsuch
Tag(s):

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