Grant v. Granader (In re Granader)

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 9 years 7 months ago

Citation:

2016 WL 5936797 (6th Cir. 2016)

Ruling:

Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.

Judge(s):

Boggs, Suhreinrich, McKeague

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Bankruptcy Litigation
• Practice and Procedure

Rivera v. Deutsche Bank National Trust Co. (In re Rivera)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 9 years 7 months ago

Citation:

BAP No. NC-15-1120-KiTaJu (BAP 9th Cir. Oct. 6, 2016)

Ruling:

The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying chapter 13 debtors' objection to mortgage creditor's claim. BAP agreed with bankruptcy court's...

Judge(s):

Kirscher, Taylor, Jury

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Claims
• Mortgage
• § 501
• § 502

Cuevas v. Cuevas (In re Cuevas)

• Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
• 9 years 7 months ago

Citation:

Cuevas v. Cuevas (In re Cuevas), Case No. CC-15-1032-KuKiTa (9th Cir. BAP, Oct. 5, 2016) (unpublished)

Ruling:

Bankruptcy court's dismissal of chapter 13 case for bad faith and accompanying sanctions orders affirmed.

Judge(s):

Kurtz, Kirscher, Taylor

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Ethics

Kvassay v. Kvassay (In re Kvassay)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 9 years 7 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication

Ruling:

The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...

Judge(s):

Honorable KIRSCHER, TAYLOR and KURTZ

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Automatic Stay
• Bankruptcy Litigation
• Rule 4007
• Rule 9014
• Rule 9020
• Rule 7052
• § 362
• § 523
• § 524
• § 105
• § 727

In re Grant-Covert

• Summarized by Edward Durnil , Tranzon Asset Advisors
• 9 years 7 months ago

Citation:

In re Grant-Covert, No. 16-1880 (3rd Cir. October 6, 2016)

Ruling:

Third Circuit affirmed District Court's ruling that creditor had demonstrated standing to request relief from the automatic stay.

Judge(s):

Vanaskie, Scirica and Fuentes

Tag(s):

• 3rd Circuit
• Consumer Bankruptcy
• Automatic Stay
• Practice and Procedure
• 362

Failla v. Citibank, N.A. (In re Failla)

• Summarized by David Bury , Stone & Baxter, LLP
• 9 years 7 months ago

Citation:

Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)

Ruling:

The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...

Judge(s):

Marcus, Pryor, and Lawson (District Court Judge)

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Rule 1007
• 11 U.S.C § 105
• 11 U.S.C § 521
• 11 U.S.C § 554
• § 362

Hansmeier v. McDermott

• Summarized by Lars Fuller , BakerHostetler
• 9 years 7 months ago

Citation:

No. 15-6035 (BAP 8th Cir. Sept. 29, 2016)

Ruling:

The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (D. Minn. - Minneapolis) converting debtor's chapter 13 case to chapter 7. The BAP agreed that the bankruptcy court found...

Judge(s):

Schermer, Nail, Shodeen

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Practice and Procedure
• Rule 9014
• § 1307

Clabaugh v. Grant (In re Grant)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 8 months ago

Citation:

Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished

Ruling:

Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised...

Judge(s):

Matheson, McKay, O’Brien

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C § 105
• 11 U.S.C § 522
• 11 U.S.C § 523

Rindlesbach v. Jones (In re Rindlesbach)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 8 months ago

Citation:

Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished

Ruling:

A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely...

Judge(s):

Hartz, O’Brien, Phillips

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Venue/Jurisdiction

Drury v. U.S. Trustee (In re Drury)

• Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
• 9 years 9 months ago

Citation:

In re Drury, No. CC-15-1441-KuFD (9th Cir. B.A.P. Aug. 23, 2016). Not for publication.

Ruling:

In determining disposable income, a chapter 7 debtor may deduct loan payments that the debtor does not owe on a car that the debtor uses, but does not own.

Judge(s):

Frank L. Kurtz, Robert J. Faris, and Randall L. Dunn, Bankruptcy Appellate Panel Judges.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt

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