Woolsey v. Citibank (In re Woolsey), No. 11-4014 (10th Cir. September 4, 2012).
Ruling:
AFFIRMING the District Court, the 10th Circuit held that § 506(d) prevents Chapter 13 debtors from lien stripping and Dewsnup remains the law. However, the holding is limited to application of ...
In reversing the bankruptcy court and remanding the decision to apply the Ninth Circuit's decision in Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868, 872 (9th Cir. 2008), the Ninth Circuit...
Judge(s):
Hons. Harry Pregerson, Susan P. Graber (Circuit Judges) and Edward Chen (District Court Judge sitting by designation).
Appeal from a ruling by Hon. Meredith Jury (Bankruptcy Court Judge for the Central District of California).
Zingale v Rabin, (In re Zingale), Case no. 11-3740
Ruling:
Ohio Rev. Code Ann. section 2329.66(A)(9)(g) allows a debtor to claim an exemption in "payments" made under Section 24 or 32 of the Internal Revenue Code. Section 24 establishes the child tax...
Judge(s):
Siler and White, Circuit Judges; Reeves, District judge.
No. 11-2794 (3d Cir. Aug. 23, 2012) (NOT PRECEDENTIAL)
Ruling:
AFFIRMING the District Court, the Third Circuit held that Debtor's plan, as submitted by his counsel, would have voided the state court's sale order issued prior to the bankruptcy filing. Without...
Judge(s):
SMITH and FISHER, Circuit Judges
RAKOFF, District Judge (S.D.N.Y.), sitting by designation
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 9 months ago
Citation:
No. 11-3711 (6th Cir., August 23, 2012)
Ruling:
In affirming the Debtor’s conviction, the Sixth Circuit first explained that it would review the sufficiency of the evidence by evaluating whether, after viewing the evidence in favor of the...
Condit v. McKeithan (In re McKeithan), No. 11-41305 (5th Cir. August 21, 2012)
Ruling:
Fifth Circuit AFFIRMED the bankruptcy court's decision to overrule a creditor's objection to a chapter 7 debtor's homestead exemption claim. The creditor did not present enough evidence to support...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 9 months ago
Citation:
Sixth Circuit Court of Appeals File Name: 12a0274p.06
Ruling:
AFFIRMING the ruling of the Bankruptcy Court for the Western District of Michigan, the Sixth Circuit Court of Appeals held Michigan's bankruptcy-specific state exemption law was constitutional...
Judge(s):
Cole, Clay and Mattice (District Judge for E.D. Tenn.); Opinion by Cole
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 9 months ago
Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 9 months ago
Citation:
No citation yet. Case No. 11-30982
Ruling:
District Court's determination that Chapter 13 plan was not filed in good faith was a final order within meaning of 28 U.S.C. §158(d) and Circuit Court has jurisdiction to hear appeal.
There is...
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
