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Christopher M. Cook v. Chapter 13 Trustee

Summarizing by Timothy Anzenberger

Daniels v. Agin

Citation:
United States Court of Appeals for the First Circuit, No. 12-2376, November 25, 2013
Ruling:
Affirming the rulings of the courts below, against the Debtor, the Court held first that where the Debtor had entered into numerous transactions prohibited by sections 401 and 4975 of the Internal...
Judge(s):
Lynch, Howard and Kayatta
Tag(s):

In re Michael Allen Bowers

Citation:
In re Bowers, No. 13-8014 (B.A.P. 6th Cir. Nov. 22, 2013)
Ruling:
The decision of the district court was affirmed. Pursuant to Ohio Rev. Code Ann. § 5721.37(A)(3), the certificate rate of interest, not the interest rate provided in Ohio Rev. Code Ann. §...
Judge(s):
Emerson, Lloyd, and Preston
Tag(s):

Hazelrigg v. United States Trustee (In re Hazelrigg)

Citation:
In re Hazelrigg, 9th Cir. B.A.P., WW-13-1230-TaDJu (November 19, 2013) [NOT FOR PUBLICATION]
Ruling:
in an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court, to deny the debtor's (Thomas Hazelrigg) motion for reconsideration of the...
Judge(s):
Hon. Randall L. Dunn, Hon. Laura S. Taylor, Hon. Meredith A. Jury
Tag(s):

Magee v. Howe (In re Carlson)

Citation:
Magee v. Howe (In re Carlson), BAP No. WW-12-1522-KuDTa (BAP 9th Cir. Nov. 15, 2013)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s orders (1) imposing $2,685 in sanctions against the Debtor’s bankruptcy attorney and (2) denying the...
Judge(s):
Kurtz, Dunn, and Taylor, Bankruptcy Judges
Tag(s):

Reeves v. Callaway

Citation:
Reeves v. Callaway, 2013 U.S. App. LEXIS 23358, Case No. 12-2127 (4th Cir. Nov. 20, 2013) (unpublished) (per curiam)
Ruling:
PER CURIAM Affirming the Bankruptcy Court and District Court holdings: Debtors' Residence remained property of the bankruptcy estate despite the bankruptcy court allowing Debtors to reserve an...
Judge(s):
Judges Dennis W. SHEDD and James A. WYNN, Jr., and Senior Judge Clyde H. HAMILTON
Tag(s):

Legendary Stone Arts, LLC v. Maness (In re Maness)

Citation:
Legendary Stone Arts, LLC v. Maness (In re Maness), Case No. 13-6037 (BAP 8th Cir., August 29, 2013)
Ruling:
The BAP affirmed the bankruptcy court's ruling that the defendant in this adversary action, Legendary Stone, LLC, had met its burden of presenting evidence that its representatives were not...
Judge(s):
Kressel, Saladino, and Shodeen
Tag(s):

Kulakowski v. Walton (In re Kulakowski)

Citation:
Kulakowski v. Walton (In re Kulakowski), Case No. 12-15294 (11th Cir. Nov. 15, 2013) (published).
Ruling:
Bankruptcy court, in appropriate circumstances, can consider the entirety of a non-filing spouse's income in its totality of the circumstances analysis under 11 U.S.C. Section 707(b)(3)(B).
Judge(s):
Jordan, Dubina, and Baldock
Tag(s):

Tyler v. DH Capital Management, Inc.

Citation:
6th Circuit, File Name: 13a0327a.06, Case No. 13-5021 (November 7, 2013)
Ruling:
The 6th Circuit ruled that Plaintiff Tyler's claim was based on a pre-petition violation and thus, property of the bankruptcy estate, which he failed to disclose at any time; affirming the...
Judge(s):
BOGGS and SILER, Circuit Judges; and DOWD, District Judge (Judge Dowd (ND OH), sitting by designation.)
Tag(s):

Carroll v. Logan

Citation:
Carroll v. Logan, ___ F.3d ___, Case No. 13-1024 (4th Cir. October 28, 2013).
Ruling:
The Fourth Circuit adopted the majority view that section 1306 modifies the section 541 time period in Chapter 13 cases. Accordingly, a Chapter 13 bankruptcy estate consists of (i) property...
Judge(s):
Niemeyer, Wynn, and Floyd
Tag(s):

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