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U.S. v. Turner

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 14 years 2 weeks ago
Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
Judge(s):
CARNES, MARTIN & JORDAN
Tag(s):

Waldo v. Ocwen Loan Servicing, LLC

Citation:
Case No. 2:-10-CV-00928-CW (10th Cir. May 18, 2012)
Ruling:
The Court of Appeals AFFIRMED the district court's ruling that the plaintiff's (Charles and Ethanne Waldo) claims could have been litigated in the federal bankruptcy action and previous state court...
Judge(s):
Circuit Judges Murphy, Baldock and Hartz.
Tag(s):

Smyth v. Edamerica, Inc. (In re Smyth)

  • Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
  • 14 years 2 weeks ago
Citation:
20012 FED App. 0005P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit upheld the decision of the bankruptcy court denying a Debtor's motion to reopen her bankruptcy case. Debtor requested the case to be reopened...
Judge(s):
Bankruptcy Appellate Panel, Judges Fulton, McIvor, and Shea-Stonum.
Tag(s):

McNeal v. GMAC Mortgage, LLC (In re McNeal)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 14 years 3 weeks ago
Citation:
Lorraine McNeal v. GMAC Mortgage, LLC, et al., Case No.:11-11352 (11th Cir. May 11, 2012)(unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that a wholly unsecured junior lien on a Chapter 7 debtor's home may be "stripped off" pursuant to Section 506(d) of the Bankruptcy Code.
Judge(s):
TJOFLAT, EDMONDSON, and CARNES
Tag(s):

Meyer v. Lepe (In re Lepe)

Citation:
Meyer v. Lepe (In re Lepe), Case No. 10-60264 (B.A.P. 9th Cir 2012)
Ruling:
In the Ninth Circuit, a bankruptcy court must examine the totality of the circumstances in determining whether a debtor proposed a plan in good faith under section 1325(a)(3). Contrary to the...
Judge(s):
Judge Papas, Judge Dunne, and Judge Markell
Tag(s):

Bushnell v. Bank of the West (In re Bushnell)

Citation:
Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
Ruling:
An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
Judge(s):
Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
Tag(s):

Meyer v. Renteria (In re Renteria)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 14 years 3 weeks ago
Citation:
Meyer v. Renteria (In re Renteria), -- B.R.-- (9th Cir.B.A.P. May 4, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held that a Chapter 13 plan does not "unfairly discriminate" between classes of creditors within the meaning of Bankruptcy Code Section...
Judge(s):
Markell, Pappas and Dunn, Bankruptcy Judges
Tag(s):

Johnson v. Fink (In re Johnson)

Citation:
Johnson v. Fink, No. 11-6037 (BAP 8th Cir., November 2, 2011)
Ruling:
Once a chapter 13 plan is confirmed, it is binding upon the debtor unless the plan is modified and approved by the court under Sec. 1329(a) after a substantial change in circumstances. A plan...
Judge(s):
Kressel, Saladino, Nail
Tag(s):

Jefferies v. Carlson (In re Jefferies)

Citation:
2012 WL 1497904 (9th Cir.BAP (Wash.))
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals affirmed the decision of the Bankruptcy Court, sustaining the Chapter 7 Trustee’s objection to the Debtor’s exemption of...
Judge(s):
Honorable Eileen W. Hollowell, Honorable Ralph B. Kirscher, and Honorable Meredith A. Jury
Tag(s):

Gladwell v. Reinhart (In re Reinhart)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 14 years 1 month ago
Citation:
Gladwell v. Reinhart, Case No. 2:08-CV-00562-DAK (April 24, 2012), unpublished
Ruling:
The Tenth Circuit Court of Appeals held that (i) the debtor's Keogh retirement plan was generally exempt under Utah state law because it substantially complied with the IRS tax requirements, (ii)...
Judge(s):
Kelly, Holloway, and Murphy.
Tag(s):

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