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In re Myron Hale

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 5 years 5 months ago
Citation:
United States Bankruptcy Appellate Panel Case No. CC-19-1225-SFL (9th Circuit, Sep 28,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the Debtor's motion to dismiss. The Debtor does not have an absolute right to dismiss; rather, the Debtor must demonstrate...
Judge(s):
Honorable Spraker, Fairs, and Lafferty
Tag(s):

In re Feshback

Citation:
19-10060 (11th Circuit, Sep 09,2020) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
Tag(s):

In Re: RACHEL CAPELOTO GUILLEN,

Citation:
17-13899 (11th Circuit, Aug 25,2020) Published
Case Status:
Affirmed
Ruling:
On a direct appeal from the bankruptcy court, the Eleventh Circuit affirmed the order confirming the modified plan chapter 13 plan without requiring a change in the debtor's circumstances, based on...
Judge(s):
Branch and Marcus, Circuit Judges, and Ungaro, District Judge.
Tag(s):

Bobka v. Toyota Motor Credit Corporation

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 5 years 7 months ago
Citation:
No. 18-55688 (9th Circuit, Aug 03,2020) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit held that an individual Chapter 7 debtor can assume an automobile lease under Section 365(p) without reaffirming the debt, and further held that the lease assumption is binding on...
Judge(s):
Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Eric N. Vitaliano,* District Judge.
Tag(s):

In re Jeffrey Rockwell

Citation:
19-2074 (1st Circuit, Jul 30,2020) Published
Case Status:
Affirmed
Ruling:
Upon conversion to chapter 7, the homestead exemption claimed on the original chapter 13 case, maintains the status it held on the day of the filing of the bankruptcy petition.
Judge(s):
Thompson, Lipez, and Kayatta
Tag(s):

In re Richard Lane

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 5 years 9 months ago
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.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 2 weeks ago
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

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 6 years 2 months ago
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):

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