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):

Lawson v. Wells Fargo Bank, N.A. (In re Lawson)

Citation:
BAP No. CC-19-1011-TaSKu; Bk. No. 8:18-bk-13376-ES (9th Circuit, Jul 31,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not abuse its discretion in dismissing debtor's chapter 13 case after denying confirmation of her plan.
Judge(s):
Taylor, Spraker, Kurtz
Tag(s):

U.S. Department of Education v. Carlos Carrion, Jr. (In re Carrion, Jr.)

Citation:
No. SC-18-1234-FBKu (9th Circuit, May 31,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court misapplied California law. Debtor remained liable for the entire amount of his own educational loan debt even though he agreed to a 50-50 division of the debt with his ex-wife in...
Judge(s):
Faris, Brand, Kurtz
Tag(s):

Teresa Chandler v. Peoples Bank & Trust Co.

Citation:
No.18-5361 (6th Circuit, Apr 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed dismissal of claims for breach of contract and violations of the Fair Credit Reporting Act, finding that Peoples Bank did not misapply a payment to the wrong month, even...
Judge(s):
GIBBONS, ROGERS, and STRANCH
Tag(s):

Wendy Nora v. HSBC Bank USA, N.A.

Citation:
18-1866 & 18-1889 (7th Circuit, Apr 01,2019) Not Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit affirmed the District Court’s decisions with sanctions.
Judge(s):
Wood, Brennan and St. Eve
Tag(s):

Raybould v. Markel (In re Raybould)

Citation:
Nos. OR-17-1326-SLB, OR-17-1327-SLB (9th Circuit, Mar 26,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy case was properly dismissed because debtor failed to obtain credit counseling, to timely make plan payments, and to file required tax returns.
Judge(s):
Spraker, Lafferty, Brand
Tag(s):

Maria Nino v. Flagstar Bank, FSB (In re Nino)

Citation:
Case No. 18-1503;File Name: 19a0107n.06 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit upheld District Court's order dismissing consumer's complaint as follows: (i) under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as it did not apply to the defendant...
Judge(s):
Clay, McKeague and White, Circuit Judges
Tag(s):

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