U.S. v. Marston, No. 11-2100 (B.A.P. 1st Cir. Sept. 20, 2012)
Ruling:
The First Circuit Court of Appeals reversed one count of the judgment for bankruptcy fraud against Marston (Count Four) and affirmed one count of the judgment against Marston (Count One) from the...
State of Nevada, ex rel. Barret R. Bates v. Mortgage Electronic Registration System, Inc., No. 11-16310 (9th Cir. Sept. 17, 2012) (Not for Publication)
Ruling:
Because the defendants had no "obligation" to record assignments or other documents relating to securing property, Bates failed to state a claim of liability under NFCA section 357.040(1)(g).
Affirmed bankruptcy court's class action certification order providing for class of chapter 13 debtors and injunctive relief against home lender from collecting unauthorized fees.
Fisette v. Keller, No. 11-3119 (8th Cir. BAP, September 12, 2012)
Ruling:
The BAP dismissed the US Trustee's appeal of the BAP's prior order order because that order was interlocutory in that "further judicial activity" by the bankruptcy court remained to be completed.
Summarized by Eryk Escobar , Department of Justice
13 years 8 months ago
Citation:
2012 Bankr. LEXIS 4303
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP"), affirmed the Bankruptcy Court ("Court") for the District of Hawaii. Specifically, the BAP upheld the partial discharge of the debtor's student...
Summarized by Robert Miller , University of South Dakota, Knudson School of Law
13 years 8 months ago
Citation:
Harcher v. U.S. (In re Harcher), Case Nos. 10-4201, 10-4419, 10-4420 (6th Cir. Sept. 12, 2012)
Ruling:
In a 3-0 ruling, the Sixth Circuit held that the IRS violated neither the Debtor's chapter 13 plan nor the automatic stay by choosing to manually process the Debtor's tax refund when the processing...
Judge(s):
Judge Griffin authored the opinion of the Court. He was joined by Chief Judge Batchelder and District Judge Cohn.
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 8 months ago
Citation:
2012 WL 3890063 (9th Cir. BAP 2012).
Ruling:
Affirming the bankruptcy court, the Ninth Circuit BAP held that when ruling on a motion to dismiss for abuse under § 707(b)(3)(B), the court did not abuse its discretion when it disallowed the...
Judge(s):
Hon. Jim D. Pappas; Meredith A. Jury; and Eileen W. Hollowell (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Robert J. Faris and Hon. Lloyd King (Bankruptcy Court Judges for the District of Hawaii)
Summarized by Eryk Escobar , Department of Justice
13 years 9 months ago
Citation:
2012 U.S. App. LEXIS 18545 (9th Cir. 2012)
Ruling:
The Court of Appeals for the Ninth Circuit (the "Court of Appeals") affirmed in part the District Court's ruling. The Court of Appeals held that First Franklin Loan Services ("Franklin") was not...
Judge(s):
Sidney R. Thomas, M. Margaret McKeown, and William A. Fletcher, Circuit Judges. Opinion by Judge McKeown.
In the majority opinion of the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("BAP 9th Cir."), the Court, affirming the bankruptcy court order and judgment, held that the...
Judge(s):
HOLLOWELL, PAPPAS and DUNN, Bankruptcy Judges. PAPPAS, Bankruptcy Judge, Dissenting.
