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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

Clabaugh v. Grant (In re Grant)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 5 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 Unpublished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):

Rindlesbach v. Jones (In re Rindlesbach)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 6 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 Unpublished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):

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

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 6 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 Not for publication.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):

Dubois v. Atlas Acquisitions LLC (In re Dubois)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 6 months ago
Citation:
Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)
Ruling:
The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and...
Judge(s):
Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.
Tag(s):

Hennigan v. Smith (In the Matter of Smith)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 6 months ago
Citation:
Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)
Ruling:
AFFIRMED lower courts' orders and upheld the debtor's homestead exemption, even though the debtor clearly intended to sell the property and move back to Australia. "The fact that a party desires...
Judge(s):
(per curiam) Jolly, Davis, Southwick
Tag(s):

Smith v. Lerner, Sampson & Rothfuss, L.P.A., et al

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 6 months ago
Citation:
File Name:16a0470n.06; No. 15-3563
Ruling:
The Sixth Circuit Court of Appeals affirmed the decision of the district court which held that the borrower's claims against the defendants for an FDCPA violation were untimely and the borrower's...
Judge(s):
Boggs, Rodgers and Berg- District Judge sitting by designation
Tag(s):

State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 9 years 7 months ago
Citation:
--- F.3d ---- (11th Cir. 2016)
Ruling:
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). ...
Judge(s):
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
Tag(s):

Velasquez v. Burchard (In re Velasquez)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 7 months ago
Citation:
9th Cir. BAP No. NC-15-1175-TaJuKi (August 9, 2016) (unpublished)
Ruling:
9th Cir. BAP affirmed bankruptcy court's dismissal of Chapter 13 case under Section 1307(c)(1) due to unreasonable delay detrimental to creditors.
Judge(s):
TAYLOR, JURY, and KIRSCHER
Tag(s):

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