John M. McDonnell V. Eric S. Gilbert

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 2 months 2 weeks ago

Citation:

No. 23-2944 (3rd Circuit, Oct 24,2024) Published

Case Status:

Affirmed

Ruling:

In this precedential decision, the Third Circuit affirmed the decision of the district and bankruptcy courts below that pursuant to 11 U.S.C. 541(c)(2), a chapter 7 debtor's interests in retirement...

Judge(s):

JORDAN, McKEE, and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 USC 541
• 11 USC 522

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 months 3 weeks ago

Citation:

21-16663 (9th Circuit, Oct 17,2024) Published

Case Status:

Affirmed

Ruling:

A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...

Judge(s):

Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Real Estate
• Small Business
• Fed. R. Bankr. P. 7041

Ricky Hughes v. Wisconsin Central, Ltd.

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 6 months 1 week ago

Citation:

23-1410 (8th Circuit, Jun 25,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) held that Ricky Hughes (DR), a former chapter 13 debtor whose first plan payment dated nearly 10 years earlier, had the standing to...

Judge(s):

Ralph R. Erickson; Michael J. Melloy; and David Stras

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Professional Practice Areas
• 11 U.S.C. § 554(d); 11 U.S.C. § 1322(d)(1); 11 U.S.C. § 1327(b); 11 U.S.C. § 1329(a)

WILLIAM F. KAETZ V. ECMC; EXPERIAN; TRANSUNION; EQUIFAX

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 6 months 3 weeks ago

Citation:

No. 23-2897 (3rd Circuit, Jun 18,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential per curiuam opinion, the Third Circuit affirmed the decision of the District Court dismissing the pro se debtor, William Kaetz's, complaint against a student loan servicer...

Judge(s):

JORDAN, RESTREPO, and FREEMAN, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(8)

In re: RONALD WILLIAM KIPPS

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 7 months 1 day ago

Citation:

23-2307 & 23-2308 (3rd Circuit, May 07,2024) Not Published

Case Status:

Affirmed

Ruling:

As had the U.S. District Court for the Middle District of Pennsylvania (DC), the U.S. Court of Appeals for the Third Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the...

Judge(s):

David J. Porter; Tamika Montgomery-Reeves; and Jane Richards Roth

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Debt
• Family/Divorce Issues
• 11 U.S.C. § 362(a)(1); 11 U.S.C. § 362(b)(2)(A)(iv); 11 U.S.C. § 501; 11 U.S.C. § 502; 11 U.S.C. § 1322(d)(2)

IN RE: TIFFANY D. SMITH

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 2 weeks ago

Citation:

22-3418 (3rd Circuit, May 22,2024) Published

Case Status:

Affirmed

Ruling:

Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...

Judge(s):

JORDAN, BIBAS, and PORTER

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 1327(a)
• 1329(a). 1329(d)

Marilyn Marshall v. Edward Johnson

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 8 months 5 days ago

Citation:

22-04449 (7th Circuit, May 03,2024) Published

Case Status:

Affirmed

Ruling:

Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...

Judge(s):

Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 1326(a)(2); 11 U.S.C. § 1141; 11 U.S.C. § 1226(a)(2); 11 U.S.C. § 1194(a)(3); 28 U.S.C. § 586(e)(2)

Ronald Morgan v. Daniel Bruton

• Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
• 8 months 2 weeks ago

Citation:

No. 22-1964 (4th Circuit, Apr 17,2024) Published

Case Status:

Affirmed

Ruling:

The Fourth Circuit held that "property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(B) to the extent of the...

Judge(s):

Circuit Judge Toby J. Heytens, Circuit Judge DeAndrea Gist Benjamin, and Elizabeth W. Hanes, United States District Judge for the Eastern District of Virginia, sitting by designation.

Tag(s):

• 4th Circuit
• Claims
• Consumer Bankruptcy
• Consumer Debt
• Bankruptcy Taxation
• 11 U.S.C. § 522(b)(3)(B)

The Alabama Creditors v. Rodney Dixon Dorand

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 9 months 4 weeks ago

Citation:

22-14113 (11th Circuit, Mar 14,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the United States Bankruptcy Court for the Northern District of Florida (BC) concluding that the individual...

Judge(s):

William H. Pryor Jr.; Jill A. Pryor; and Stanley Marcus

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Small Business
• 11 U.S.C. § 541(a); 11 U.S.C. § 553(a)

Machele Goetz v. Victor Weber

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 10 months 5 days ago

Citation:

No. 23-2491 (8th Circuit, Mar 08,2024) Published

Case Status:

Affirmed

Ruling:

The Eighth Circuit Court of Appeals held that a post-petition increase in the debtor's equity in property in excess of the applicable homestead exemption, that occurs prior to conversion of the...

Judge(s):

SMITH, GRUENDER, SHEPHERD

Tag(s):

• 8th Circuit
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 348; 11 U.S.C. § 541; 11 U.S.C. § 1306

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