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Christopher M. Cook v. Chapter 13 Trustee

Summarizing by Timothy Anzenberger

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U.S.A. v. Bruner

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 10 years 10 months ago
Citation:
15a0543n.06; Case No. 14-5990
Ruling:
District Court correctly found that defendant in a trial for bankruptcy fraud and other offenses did not offer a sufficient factual predicate to warrant an instruction to the jury on the advice of...
Judge(s):
Boggs and Donald, Circuit Judges, and Quist, District Judge, sitting by desgnation
Tag(s):

Barney v. Bank of America (In re Gifford)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 10 months ago
Citation:
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling:
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property...
Judge(s):
Cornish, Karlin, Jacobvitz (Karlin)
Tag(s):

Wildhaber, Sr. v. Burchard (in re Wildhaber, Sr.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 10 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1352-PaJuKl (July 28, 2015)
Ruling:
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan....
Judge(s):
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
Tag(s):

Bank of America v. Waits (In re Waits)

  • Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
  • 10 years 10 months ago
Citation:
Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).
Ruling:
Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district...
Judge(s):
Circuit Judges Tjoflat, Jordan and Black
Tag(s):

Robb v. Harder (In re Robb)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 10 months ago
Citation:
Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)
Ruling:
The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured...
Judge(s):
Kreseel, Saladino, Shodeen
Tag(s):

Sauer Inc. v. Lawson (In re Lawson)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 10 years 10 months ago
Citation:
Sauer Inc. v. Lawson (In re Lawson), No. 14-2058 (1st Cir. July 1, 2015)
Ruling:
The First Circuit Court of Appeals VACATED the bankruptcy court's order dismissing the adversary proceeding and REMANDED for further proceedings consistent with the opinion. The First Circuit...
Judge(s):
Lynch, Thompson, Kayatta
Tag(s):

MacKenzie v. Neidorf (In re Neidorf)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 10 months ago
Citation:
In re Neidorf, BAP No. AZ-14-1496-JuKiPa (9th Cir. B.A.P. July 10, 2015).
Ruling:
A national-mortgage-settlement payment paid to a chapter 7 debtor after the petition date was property of the debtor, not the estate.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Riverbend Condominium Assoc. v. Green (In the Matter of Green)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 10 years 10 months ago
Citation:
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling:
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a...
Judge(s):
KING, SMITH, and ELROD, PER CURIAM
Tag(s):

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