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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

Hurst v. Southern Arkansas University (In re Hurst)

Citation:
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.
Judge(s):
Federman, Saladino, Shodeen (dissenting)
Tag(s):

Sanders v. Cohen (In re Sanders)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 7 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Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)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.
Judge(s):
Faris, Kirscher, Kurtz
Tag(s):

Marshall v. Honeywell Technology Systems Inc, et al.

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 9 years 8 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.
Tag(s):

Weilert v. Gwartz (In re Weilert)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 8 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 Not for publication.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.
Tag(s):

Tevis v. California Department of Veterans Affairs (In re Tevis)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 8 months ago
Citation:
Tevis v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)
Ruling:
Bankruptcy court's order dismissing debtors' adversary proceeding against creditor and chapter 13 trustee affirmed due to debtors' failure to prosecute.
Judge(s):
Taylor, Jury, and Dunn
Tag(s):

California Capital Insurance Co. v. Riley (In Re Riley)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 9 months ago
Citation:
California Capital Insurance Co. v. Riley (In Re Riley), Case No. CC-15-1379-TaLKi (9th Cir. BAP Jun. 8, 2016) (unpublished)
Ruling:
Bankruptcy court judgment affirmed in favor of debtor in an adversary proceeding where creditor objected to discharge of its claim under § 523(a)(6).
Judge(s):
Taylor, Landis, and Kirscher
Tag(s):

Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 9 years 9 months ago
Citation:
-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION
Ruling:
Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the...
Judge(s):
KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.
Tag(s):

Wilson v. Desert Realty, Inc., et al. (In re Wilson)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 9 months ago
Citation:
BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing debtor's adversary proceeding alleging that defendants intentionally violated the automatic stay. BAP...
Judge(s):
Dunn, Faris Barash
Tag(s):

Johnson v. Midland Funding, LLC

  • Summarized by Paul Avron , Berger Singerman LLP
  • 9 years 9 months ago
Citation:
No. 15-11240 (11th Cir. May 24, 2016)
Ruling:
In a consolidated appeal, the Eleventh Circuit reversed dismissal of two actions brought under the Fair Debt Collection Practices Act (FDCPA) by Chapter 13 debtors given that the claimant-debt...
Judge(s):
Eleventh Circuit Judges Wilson and Martin, and visiting Fifth Circuit Judge Patrick Higginbotham.
Tag(s):

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