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.
Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)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...
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
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.
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 9 months ago
Citation:
In re Bencomo, No. CC 15-1442-DKuF (9th Cir. B.A.P. Aug. 8, 2016). Not for publication.
Ruling:
The bankruptcy court failed to consider whether the chapter 7 debtor’s use of homestead proceeds to make residential rent payments qualified as reinvestment under Cal. Code Civ. P. § 704.720(b).
Judge(s):
Randall L. Dunn, Frank L. Kurtz, and Robert J. Faris, Bankruptcy Appellate Panel Judges.
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling:
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection...
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
9 years 9 months ago
Citation:
D.C. Cir. # 15-7045 (decided August 5, 2016)
Ruling:
The district court erred in applying the pre-filing injunction to the Debtor's appeals from the bankruptcy court and the matter remanded to the district court for resolution. The two matters...
Judge(s):
Circuit Judges Sri Srinivasan, Patricia A. Millett and Robert L. Wilkins. Judge Srinivasan authored the Opinion for the Court.
