Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 2 months ago
Citation:
(No. 11-1831) (March 22, 2012)
Ruling:
In a matter of first impression at the circuit level, the First Circuit held that a chapter 13 petition and a "fee-only" plan, under which the debtor proposes to pay essentially only the debtor's...
Judge(s):
Selya (author); Souter; Lipez (concurring in judgment); Lipez (concurring opinion)
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 2 months ago
Citation:
(Docket No. 11-1830; March 21, 2012)
Ruling:
In affirming the lodestar approach for awarding joint debtors' counsel's fees in a chapter 13 case under Section 330, the First Circuit held that (1) the bankruptcy court, after finding that...
Affirmed order of bankruptcy court sustaining objection of trustee to claim of exemption of annuity under Missouri state law. BAB concluded that prior ruling of bankruptcy court that annuity was...
Judge(s):
Kressel, Chief Judge, Schermer (writing). and Saladino522
No. 11-8048 (B.A.P. 6th Cir. 2012), decided March 20, 2012 (limited precedential effect per 6th Cir. BAP LBR 8013-1(b))
Ruling:
Before the bankruptcy court may assert judicial estoppel to prevent a Chapt. 7 debtor from amending schedules and exemptions to increase asset valuations, the debtor must be given the opportunity...
Where a judgment creditor satisies a senior consensual lien on property of the debtor in preparation for a sheriff's sale, the judgment creditor is subrogated to the rights of the consensual...
Summarized by Mark Melickian , Raines Feldman Littrell LLP
14 years 2 months ago
Citation:
Case no. 11-1423, 7th Circuit Court of Appeals (decided March 7, 2012)
Ruling:
Overturning the district court, the 7th Circuit panel held that a plaintiff successfully pled various state law contract and tort claims against a mortgage servicer that she alleged improperly...
Judge(s):
Kenneth Ripple (Circuit Judge); David Hamilton (Circuit Judge); Sue E. Myerscough (District Court Judge - CD Illinois - sitting by designation). Opinion by Hamilton; concurrence by Ripple.
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
14 years 2 months ago
Citation:
Morris v. Quigley (In re Quigley), Case No. 5:08-cv-00126-FPS, 2012 U.S. App. LEXIS 4732 (4th Cir. March 7, 2012).
Ruling:
Guided by the decision of the United States Supreme Court in Hamilton v. Lanning, 130 S. Ct. 2464 (2010), the 4th Circuit reversed the decision of the district court and held that the Debtor should...
Judge(s):
Before Chief Judge William B. Traxler, Judge Diana Gribbon Motz, and Dennis W. Shedd. Chief Judge Traxler wrote the opinion, in which Judge Motz and Judge Shedd joined.
The 10th Circuit Court of Appeals ruled in favor of creditor Bank of America ("BAC" or "Creditor"), as successor in interest to Countrywide Financial, affirming the judgment of the district court.
Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
14 years 4 months ago
Citation:
BAP No. CC-07-1436-MoDK (9th Cir. December 8, 2011) (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
Affirming the Bankruptcy Court’s decision, the Ninth Circuit held that the Debtor was not denied due process when the Bankruptcy Court failed to provide him with counsel to be paid from the...
