Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 6 months ago
Citation:
Arenas v. U.S. Trustee (In re Arenas), Case No. CO-14-046 (10th Cir. B.A.P. Aug. 21, 2015)
Ruling:
A debtor engaged in the marijuana business legally under state law, but in violation of federal law, cannot obtain relief in the federal bankruptcy court. Engaging in federal criminal conduct...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 6 months ago
Citation:
In re Lopez, No. CC-14-1450-TaKuPe (9th Cir. B.A.P. Sep. 3, 2015).
Ruling:
Debtor’s receipt of workers’ compensation disability benefits did not by itself establish her disability entitling her to a California enhanced homestead exemption. Unpublished memorandum.
Judge(s):
Laura S. Taylor and Frank L. Kurtz, Bankruptcy Judges, and Elizabeth L. Perris, United States Bankruptcy Judge for the District of Oregon, sitting by designation.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 6 months ago
Citation:
Wickam v. Ivar (In re Werner), BAP No. CC–14–1314–TaKuD, 2015 WL 5048151 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Concluding that the bankruptcy court failed to make sufficient or complete findings with respect to the creditors/plaintiffs’ claims arising from failed real estate investments and each element...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 6 months ago
Citation:
Sheedy v. Deutsche Bank National Trust Company et al. (In re Sheedy) 14-1246
Ruling:
The Court ruled that Laura Sheedy (the "Debtor") Truth in Lending Act claim for rescission was time barred because refinancing occurred in 2004 and the Debtor did not bring a claim under TILA until...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 6 months ago
Citation:
15-1416
Ruling:
The 7th Circuit found that the phrase “for cause” as used in the Bankruptcy Code embraces conduct that, even if not a violation of required procedures, avoids repayment of a debt without an...
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 7 months ago
Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
10 years 7 months ago
Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
In re John Wilson, Case No. 15-1150 (7th Cir., Aug. 10, 2015)
Ruling:
Affirmed the judgment of the U.S. District Court for the Eastern District of Wisconsin; the 7th
Circuit upheld the fee awarded to the chapter 7 trustee after it was challenged by a creditor.
