Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 9 months ago
Citation:
2016 WL 4147641 (6th Cir. BAPp 2016)
Ruling:
Creditor does not violate discharge injunction by reinstating pre-petition foreclosure action post-discharge where action seeks only in rem relief, even where there is no equity available for ...
Summarized by Jeffrey Coe , Mesch Clark Rothschild
9 years 9 months ago
Citation:
Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)
Ruling:
The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 10 months ago
Citation:
Sui v. Marshack (In re Sui), Case No. CC-16-1053-KuFKi (9th Cir. BAP, Jul. 26, 2016) (unpublished)
Ruling:
Bankruptcy court order authorizing chapter 7 trustee to offset contempt sanctions against non-debtor spouse's interest in proceeds from the sale of a residence vacated, and case remanded for...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 10 months ago
Citation:
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling:
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 10 months ago
Citation:
Hernandez vs. Williams, Zinman & Parhan, PC, Case No. 14-15672 (9th Cir. Jul. 20, 2016)
Ruling:
The FDCPA unambiguously requires any debt collector, whether an initial or subsequent collector, to send a § 1692g(a) validation notice within five days of its first communication with a consumer...
Hurst v. Southern Arkansas University (Case No. 15-6031, July 19, 2016)
Ruling:
The bankruptcy court did not err in holding that the debtor did not meet her burden of proving that repayment of her student loan would impose an undue hardship on her.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 10 months ago
Citation:
Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)
Ruling:
Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
9 years 10 months ago
Citation:
Marshall v. Honeywell Technology Systems Inc. No. 14-7190 (July 12, 2016)
Ruling:
The district court did not abuse its discretion in holding that the Debtor's non-disclosure of the underlying discrimination complaint on the ground of judicial estoppel, stemming from her failure...
Judge(s):
Before Karen LeCraft Henderson and Thomas B. Griffith, Circuit Judges, and Senior Circuit Judge A. Raymond Randolph.
Senior Circuit Judge Randolph filed the opinion of the Court, with a reasoned dissent by Circuit Judge Griffith.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 10 months ago
Citation:
In re Weilert, No. EC-15-1144-JuDTa (9th Cir. B.A.P. July 8, 2016). Not for publication.
Ruling:
The lien of a judgment is avoidable under 522(f)(1)(A) even if the property is held in a trust of which the debtor is trustor, trustee, and beneficiary.
Judge(s):
Meredith A. Jury, Randall B. Dunn, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
