In re Richard Lane

Citation:
18-60059 (9th Circuit, Jun 01,2020) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court may not void a lien under §506(d) when a claim relating to the lien is disallowed because the creditor who filed the proof of claim did not prove that it was entitled to enforce...
Judge(s):
Paez, Bea, Adelman
Tag(s):

In re Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The 11th Circuit reversed summary judgment in favor of DISH as to the FCCPA claims because the district court failed to determine whether DISH possessed actual knowledge that its debt had been...
Judge(s):
Jill Pryor and Grant, Circuit Judges, and Royal, District Judge
Tag(s):

Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Circuit Court found that the District Court erred in finding the Pause debt was not discharged in the plaintiff's bankruptcy. The Agreement was deemed rejected as a matter of law under the...
Judge(s):
Jill Pryor, Grant and Royal (sitting by designation)
Tag(s):

USA v. John Chesteen, Jr.

Citation:
19-30195 (5th Circuit, Feb 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
Judge(s):
Owen, Barksdale and Duncan
Tag(s):

In re Theodore Perez

Citation:
Bankruptcy Applllate Panel of the Sixth Circuit, Case No. 18-8036; File Name: 19b0008n.06 (6th Circuit, Dec 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...
Judge(s):
Buchanan, Dales and Opperman (BAP Judges)
Tag(s):

Sharon Rose v. Select Portfolio Servicing, et al

Citation:
19-50598 (5th Circuit, Dec 10,2019) Published
Case Status:
Affirmed
Ruling:
5th Circuit affirmed District Court (W.D. Tx.) grant of summary judgment in favor of creditors seeking foreclosure against former serial bankruptcy filer. Texas common law and Section 362(c)(3)(A)...
Judge(s):
Owen, Southwick and Willett
Tag(s):

In re Donnadio

Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

Randolph Sellers, et all v. Rushmore Loan Management Services

Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

Educational Financial Service v. Stephanie Henry (In re Henry)

Citation:
18-20809 (5th Circuit, Oct 17,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy Courts have discretion to refuse to compel arbitration of discharge disputes. The Fifth Circuit followed its prior rulings in In re National Gypsum and In re Gandy and found: (1)...
Judge(s):
King, Higginson and Duncan
Tag(s):

Richardson v. PRDO Retail Investors, LP; A&C Properties, Inc. (In re Richardson)

Citation:
BAP No. SC-18-1273-LBKu (9th Circuit, Oct 04,2019) Not Published
Case Status:
Affirmed
Ruling:
1) In order to be awarded damages against a party for violating the automatic stay, the debtor bears the burden of showing by a preponderance of the evidence that the alleged offender willfully...
Judge(s):
LAFFERTY, BRAND, and KURTZ
Tag(s):

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