Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 11 months ago
Citation:
Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)
Ruling:
AFFIRMING the District Court, the 11th Circuit held that creditor had both statutory and constitutional standing to seek (i) relief from the automatic stay to institute foreclosure proceedings and...
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 11 months ago
Citation:
13 FED App.0003P; BAP Case No. 12-8047
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed a ruling of the Northern District of Ohio Bankruptcy Court dismissing the debtors' Chapter 7 case as an abuse under the totality of the...
In re Rivera, BAP No. PR 12-087 (1st Cir. BAP, June 26, 2013) (per curiam).
Ruling:
Without “need to adopt a particular approach” to the meaning of 11 U.S.C. § 109(g)(2) because the debtor’s actions would satisfy the “mandatory,” “discretionary,” or “causal...
Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
12 years 11 months ago
Citation:
Piazza v. Nueterra Healthcare Physical Therapy LLC. Case No. 12-12899 (11th Cir. June 26, 2013)(published)
Ruling:
Under § 707(a) of the bankruptcy code, the bankruptcy court may involuntarily dismiss a Chapter 7 petition for cause due to Debtor’s prepetition bad faith conduct.
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
12 years 11 months ago
Citation:
Garden v. Central Nebraska Housing Corp., et al., No. 12-2344, --- F.3rd ----, 2013 WL 3214982 (8th Cir. Jun. 27, 2013)
Ruling:
AFFIRMING the District Court's decision granting Debtors' motion for partial summary judgment, reducing mortgagee's secured claim as to attorney's fees and related costs and awarding sanctions...
No. 12-6130, 2013 U.S. App. LEXIS 12138 (6th Cir. June 17, 2013)
Ruling:
The decisions of the bankruptcy court and the district court were reversed. The debtor is entitled to a statutory presumption that his IRA is tax-exempt. Though the debtor granted a lien in his...
Goddard v. Heldt, Gill, & Gill (In re Heldt), Case No. 12-6027 (10th Cir. May, 14, 2013)
Ruling:
The 10th Cir. affirmed the U.S. District Court and U.S. Bankruptcy Court (W.D. Okla.) in dismissing Ch. 7 trustee's claim to avoid as fraudulent debtor's transfer of title to sister in mother's...
The BAP affirmed the decision of the bankruptcy court that the debtor's prepetition alimony award was property of her bankruptcy estate, subject to any exemptions the debtor may have under South...
