In re MARCELLA M. MANCE

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 7 months ago

Citation:

21-1355 (7th Circuit, Apr 21,2022) Published

Case Status:

Affirmed

Ruling:

Possessory liens on vehicles that were impounded for failure to pay parking tickets are avoidable as judicial liens under 11 U.S.C. § 522(f).

Judge(s):

SYKES, KANNE and HAMILTON

Tag(s):

• 7th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 101
• 522

In re- CHRISTINA GREENFIELD

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 7 months ago

Citation:

BAP No. ID-21-1150-SFB (9th Circuit, Apr 14,2022) Not Published

Case Status:

Affirmed

Ruling:

A chapter 7 debtor whose estate is insolvent lacks standing to object to any claim if the estate is insolvent because the debtor will not be affected by the outcome of the claims litigation.

Judge(s):

SPRAKER, FARIS, and BRAND, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy

In re Craig Steven Romanzi

• Summarized by Thomas DeCarlo , OSIPOV BIGELMAN, P.C.
• 1 year 7 months ago

Citation:

20-2278/21-1004, 2022 WL 1055497 (6th Circuit, Apr 08,2022) Published

Case Status:

Affirmed

Ruling:

Bankruptcy Court correctly confirmed Arbitration Award and District Court correctly affirmed Bankruptcy Court. Arbitration award correctly entered and entitled to confirmation and enforcement.

Judge(s):

Boggs, Thapar and Bush

Tag(s):

• 6th Circuit
• Alternative Dispute Resolution
• Bankruptcy Litigation
• Consumer Bankruptcy

In re: CENSO, LLC

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 8 months ago

Citation:

21-1125 (9th Circuit, Apr 05,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) found a post-petition order of the U.S. District Court for the District of Nevada (DC) deeming a predecessor-in-interest to Censo LLC...

Judge(s):

William J. Lafferty III; Laura S. Taylor; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Investment Banking
• Lender Liability
• Real Estate
• Fed. R. Bankr. P. 7012
• 11 U.S.C. § 362(a)(1); 11 U.S.C. § 362(a)(3); 11 U.S.C. § 362(a)(4); 11 U.S.C. § 362(a)(5)

In re: RIZAL JUCO GUEVARRA

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 1 year 8 months ago

Citation:

BAP No. EC-21-1141-SFL (9th Circuit, Mar 25,2022) Published

Case Status:

Reversed

Ruling:

Debtor may amend his schedules to claim an exemption in sale proceeds of real property after the interest was sold by the bankruptcy trustee, under circumstances where the Debtor did not conceal...

Judge(s):

SPRAKER, FARIS, and LAFFERTY

Tag(s):

• 9th Circuit
• Asset Sales
• Consumer Bankruptcy
• 541
• 363
• 522

In re: ALICIA MARIE RICHARDS

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 8 months ago

Citation:

BAP No. CC-21-1178-LTF (9th Circuit, Mar 24,2022) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel affirmed the the bankruptcy court's denial of a chapter 7 debtor's motion to convert her case to chapter 13 based on findings that she was ineligible to...

Judge(s):

LAFFERTY, TAYLOR, and FARIS

Tag(s):

• 9th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 USC 706

In re Michelle Dougherty-Kelsay

• Summarized by Thomas DeCarlo , OSIPOV BIGELMAN, P.C.
• 1 year 8 months ago

Citation:

19-8013, 2022 WL 830907 (6th Circuit, Mar 21,2022) Published

Case Status:

Affirmed

Ruling:

Creditor did not violate stay by seeking state court award of child support but did violate stay by asking state court to order Debtor to pay without limiting source of payment to post-petition...

Judge(s):

Dales, Mashburn and Price Smith

Tag(s):

• 6th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Family/Divorce Issues
• 11 U.S.C § 362

In re: George J. McPherson

• Summarized by J. Debbeler , Bricker Graydon LLP
• 1 year 8 months ago

Citation:

21-8011/8012 (Consolidated) (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...

Judge(s):

Croom, Dales (dissenting) and Stout (opinion author)

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Claims
• Consumer Bankruptcy
• Professional Practice Areas
• Bankruptcy Taxation
• Health Care
• Section 507(a)(8)

In re- Howard D. Juntoff

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 8 months ago

Citation:

21-8011 & 21-8012 (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Hearing consolidated appeals arising from two chapter 13 cases that presented solely legal issues, with one dissent, the Bankruptcy Appellate Panel of the Sixth Circuit (BAP) reversed the...

Judge(s):

Alan C. Stout; James L. Croom; and Scott W. Dales

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Fed. R. Bankr. P. 3001; Fed. R. Bankr. P. 3002; Fed. R. Bankr. P. 3007
• 11 U.S.C. § 507(a)(8)(A); 11 U.S.C. § 507(a)(8)(E)

In re- JAMES E. DETIEGE and AMY A. DETIEGE

• Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
• 1 year 8 months ago

Citation:

ID-21-1177-GBS; 2022 WL 843374 (B.A.P. 9th Cir. March 22, 2022) (9th Circuit, Mar 22,2022) Not Published

Case Status:

Affirmed

Ruling:

Affirming the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held that the bankruptcy court did not abuse its discretion when it found that Appellee’s...

Judge(s):

Hon. Scott H. Gann; Hon. Julia W. Brand; Hon. Gary A. Spraker (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Joseph M. Meier (Chief Bankruptcy Judge for the District of Idaho)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 523

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