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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Michael Myers

Tehrani v. Walters

Citation:
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling:
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors'...
Judge(s):
McKee, Ambro, Scirica
Tag(s):

Anderson, et al. v. Logan

Citation:
No. 15-1505, (4th Cir. Apr. 27, 2015)
Ruling:
Chapter 13 plan that provided for payment of pre-petition arrears and post-petition payments for primary residence at non-default interest rate violated the non-modification provision of section...
Judge(s):
Before WILKINSON and NIEMEYER, Circuit Judges, and David C. NORTON, United States District Judge for the District of South Carolina, sitting by designation. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Norton joined.
Tag(s):

Uberoi v. Supreme Court of Florida

Citation:
D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
Ruling:
The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman...
Judge(s):
Carnes; Hull; Marcus
Tag(s):

Jeffrey P. White and Associates, P.C. v. Fessenden

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling:
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and...
Judge(s):
Boroff, Godoy, and Finkle
Tag(s):

Foster v. Holder (In the Matter of Foster)

Citation:
Case No. 15-10778; Case No. 10278 - NOT FOR PUBLICATION
Ruling:
Appeals DISMISSED as frivolous, but no damages awarded. First, the debtor's children (appellants) failed to present transcripts to the District and Fifth Circuit Court of Appeals to demonstrate...
Judge(s):
Per Curiam (Higginbotham, Elrod, Southwick)
Tag(s):

Ozenne v. Chase Manhattan Bank, et al. (In re Ozenne)

Citation:
No. 11-60039 (9th Cir. March 25, 2016) (Published)
Ruling:
The 9th Circuit vacated the BAP's denial of a petition for a writ of mandamus, holding the BAP did not have jurisdiction to consider the writ petition, reversing In re Salter, 279 B.R. 278 (B.A.P....
Judge(s):
Wallace, Leavy, Bybee
Tag(s):

Wilson v. Desert Realty, Inc. (In re Lindsey)

Citation:
BAP Nos. NV-14-1583-KiDJu & NV-15-1071-KiDJu (BAP 9th Cir. Mar. 21, 2016)
Ruling:
BAP for 9th Circuit reversed and remanded two orders of the bankruptcy court (D. Nev.) (a) dismissing debtor's complaint against a landlord for alleged violation of the codebtor stay under s 1301...
Judge(s):
Kirscher, Dunn, Jury
Tag(s):

Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Judge(s):
Honorable KIRSCHER, KURTZ and FARIS
Tag(s):

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