Burkhart v. Grigsby

Citation:
16-1971 (4th Circuit, Mar 29,2018) Published
Case Status:
Reversed
Ruling:
A chapter 13 debtor may strip down a creditor’s undersecured (or fully underwater) lien whether or not that creditor filed a proof claim, and this power arises under § 1322(b), and not § ...
Judge(s):
King, Diaz, and Shedd
Tag(s):

Clark v. AII Acquisition, LLC

Citation:
17-1727-cv (2nd Circuit, Mar 30,2018) Published
Case Status:
Reversed and Remanded
Ruling:
(1) Standard for review of district court's invocation of judicial estoppel doctrine is abuse of discretion. (2) District court abused discretion in dismissing personal injury case on the basis of...
Judge(s):
Jacobs, Calabresi, and Chen
Tag(s):

Lowe v. Deberry, et al.

Citation:
17-50315 (5th Circuit, Mar 07,2018) Published
Case Status:
Reversed
Ruling:
The proceeds from the post-petition sale of a house that was exempt on the petition date are likewise exempt and cannot be recovered by the debtor's trustee. The six month reinvestment safe harbor...
Judge(s):
HIGGINBOTHAM, SOUTHWICK, COSTA
Tag(s):

Anderson v. Credit One Bank, N.A.

Citation:
16 ‐ 2496 (2nd Circuit, Mar 07,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
Judge(s):
Pooler and Droney, Circuit Judges , and Ramos District Judge .
Tag(s):

Janvey v. Romero

Citation:
.17-1197 (4th Circuit, Feb 21,2018) Published
Case Status:
Affirmed
Ruling:
The Fourth Circuit ultimately found that the Bankruptcy Court did not abuse it's discretion. The Bankruptcy Court concluded that the Debtor's decision to file for bankruptcy did not rise to the...
Judge(s):
Judge Wilkinson wrote the opinion, in which Chief Judge Gregory and Judge Harris joined
Tag(s):

Chamberlain v. Chamberlain

Citation:
No. 17-1121 (10th Circuit, Feb 20,2018) Not Published
Case Status:
Affirmed
Ruling:
The debtor's obligation to pay his children’s college expenses qualified as a “domestic support obligation.” In making this determination, the bankruptcy court properly looked to 1) the...
Judge(s):
Lucero, Bacharach, and Moritz
Tag(s):

Medical Lien Mgmt, Inc. v. Dampier

Citation:
17-1160 (10th Circuit, Feb 14,2018) Not Published
Case Status:
Affirmed
Ruling:
The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units. [The court did...
Judge(s):
MATHESON, BACHARACH, PHILLIPS
Tag(s):

Pittner v. Castle Peak 2011-1 Loan Trust

Citation:
MB 17-021 (1st Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
Judge(s):
Godoy, Finkle, and Cary
Tag(s):

Harker v. PNC Mortgage Co.

Citation:
File Name: 18b0001p.06; No. 17-8005 (6th Circuit, Feb 06,2018) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the decision of the bankruptcy court that: (i) a trustee's avoidance power as a hypothetical lien creditor pursuant to Sec. 544(a)(1) is not...
Judge(s):
Harrison, Opperman and Wise, Bankruptcy Appellate Judges.
Tag(s):

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