Smith v. IH4 Property West LP (In re Smith)

Citation:
BAP No. CC-16-1414-FLKu (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

In re Odell

Citation:
17-8012 (6th Circuit, Jan 30,2018) Not Published
Case Status:
Dismissed
Ruling:
The Sixth Circuit Court of Appeals dismissed the appeal of an order granting relief from stay as moot, since the underlying property had been claimed exempt and the debtor received her discharge...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston
Tag(s):

IN RE: JFK CAPITAL HOLDINGS, L.L.C

Citation:
16-31151 (5th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Judge(s):
Reavley, Southwick and Haynes
Tag(s):

Bank of America, N.A. v. Veluchamy

Citation:
Nos. 15-2902, 15-2908, 15-3815, and 16-3496 (7th Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit Court of Appeals affirmed the district court’s ruling, finding the district court did not commit any reversible errors regarding the six main issues on appeal.
Judge(s):
Manion and Kanne, Circuit Judges, and Miller, District Judge, sitting by designation
Tag(s):

Peake v. Ayobami

Citation:
16-20589 (5th Circuit, Jan 03,2018) Published
Case Status:
Affirmed
Ruling:
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself. NOTE: this is a narrow...
Judge(s):
JOLLY, SMITH, GRAVES
Tag(s):

Jodway v. Fifth Third Bank (In re Jodway)

Citation:
2018 WL 300438 (6th Circuit, Jan 05,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court correctly dismissed Chapter 13 based on material defaults under confirmed plan where Debtor stopped making plan payments and refused to surrender property notwithstanding plan that...
Judge(s):
Moore, Thapar and Larsen
Tag(s):

IN RE: EUTSLER

Citation:
2:15-bk-00870 (9th Circuit, Dec 27,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (ED Wash.) denying motion for relief from stay by creditors seeking to enforce option agreement to purchase stock from ch. 13 debtor. Option...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

OCWEN LOAN SERVICING, LLC v MARINO

Citation:
NV-16-1229-FLTi and NV-16-1238-FLTi (9th Circuit, Dec 22,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
(1) Affirming the bankruptcy court's judgment of $1,000 per each improper post-discharge contact of the debtors by the creditor; and (2) vacating, and remanding to the bankruptcy court, the...
Judge(s):
FARIS, LAFFERTY, TIGHE (U.S. Bankr. C.D. Cal., sitting by designation)
Tag(s):

BARTENWERFER v BUCKLEY

Citation:
NC-16-1277-BJuF; NC-16-1299-BJuF (cross-appeals) (9th Circuit, Dec 22,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Bankruptcy court's rulings on issue preclusion, nondischargeability under 523(a)(2)(A), and fees and interest were affirmed in part and vacated and remanded in part.
Judge(s):
Brand, Jury and Faris
Tag(s):

Title Max v. Northington (In re Northington

Citation:
16-17468 (11th Circuit, Dec 11,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
Tag(s):

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