Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 2 months ago
Citation:
In re Chagolla, No. 15-1142-JuKuW (9th Cir. B.A.P. Feb. 9, 2016).
Ruling:
A debtor may avoid an unsecured junior lien even after plan confirmation, discharge, and case closure, absent unfair prejudice to the secured creditor. Published.
Judge(s):
Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges, and Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation.
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their...
Judge(s):
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted...
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling:
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 3 months ago
Citation:
14-3585
Ruling:
The Court of Appeals affirmed the District Court's reversal of the Bankruptcy Court's refusal to sanction the Debtor's exemption; concluding that the plain language of the Illinois personal...
In re Robinson, Court of Appeals, 7th Circuit 2016 (unpublished)
Ruling:
The plain language of the Illinois personal property exemption statute does not impose a dollar-value limitation on the items available for exemption, and a debtor is therefore not precluded from...
Debtor's error identifying a second deed of trust that was intended to be stripped off in its Chapter 13 Plan could be corrected after completion of plan. The BAP vacated the bankruptcy court's...
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision to deny the debtor's claim for homestead exemption pursuant to s. 522(g)(1) and rejected the Debtor's...
Judge(s):
BAP judges DUNN and KIRSCHER AND bankruptcy judge GAN (sitting by designation); appeal from a decision rendered by Judge Victoria Kaufman.
Smith v. SIPI, LLC (In re Smith), No. 1:13-cv-06422 (7th Cir. Jan. 20, 2016)
Ruling:
A tax sale lawfully conducted according to Illinois's interest rate auction system does not necessarily establish a transfer for reasonably equivalent value within the meaning of 11 U.S.C....
The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
