Nichols v. Align Western States Learning Corp. (In re Nichols), BAP No. AZ-12-1305 (9th Cir. BAP July 9, 2013)
Ruling:
(1) Debtors' due process rights were not violated by the bankruptcy court's prove-up procedure and subsequent oral ruling.
(2) Bankruptcy court did not err in finding that a student loan debt was...
Abdul-Rahim v. LaBarge (In re Abdul-Rahim), Case No. 12-3448 (8th Cir. 2013)
Ruling:
Eighth Circuit affirmed the BAP's decision which had affirmed the bankruptcy court's ruling that the holding of In re Benn, 491 F.3d 811 (8th Cir. 2007), compelled the conclusion that the debtor's...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 10 months ago
Citation:
(7th Cir., No. 12-3492)
Ruling:
Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 10 months ago
Citation:
Weinstein v. Fox (In re Fox) - B.R. - (9th Cir. B.A.P. July 2, 2013)
Ruling:
The Ninth Circuit Bankruptcy Appeals Panel adopted the opinion of the Nevada Supreme Court, and reversed the bankruptcy court, holding that a Nevada debtor, who is subject to community property...
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that a defendant impliedly consented to the BC’s entry of a...
BAP No. SC-12-1272-BaPaJu; Bk No 10-12794 MM7; Adv. No 10-90473 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's judgment awarding attorney fees and costs to the plaintiff creditor as the prevailing party in a non-dischargeability action against the...
8th Cir. (BAP July 8, 2013 - Appeal from Bankruptcy Court Eastern District of Missouri) - Case No 12-6061
Ruling:
AFFIRMING the bankruptcy court's ruling that a state law exception which allowed the debtor to use a state law exemption for her homestead against a single creditor.
Seventh Circuit Court of Appeals AFFIRMED the decision of the the Bankruptcy Court holding that the Bankruptcy Court's interpretation of section 506(d) as stated in Dewsnup v. Timm (502 U.S. 410...
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
Robert D. Mort Ranta v. Gorman, Trustee (In re Mort Ranta) Case No.12-2017 (4th Cir. July 1, 2013)
Ruling:
Holding that “for both above-median income and below-median income debtors, Social Security income is excluded from the calculation of ‘projected disposable income’ under § 1325(b)(2)”,...
Judge(s):
Before Circuit Judge Gregory, Circuit Judge Agee and Judge Faber (United States District Judge for the Southern District of West Virginia, sitting by designation). Judge Gregory wrote the majority opinion, in which Judge Agee joined. Judge Faber wrote a dissenting opinion.
