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

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 1 week ago
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):

Booker v. Johns (In re Booker)

Citation:
18-30526 (5th Circuit, Feb 11,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...
Judge(s):
Jolly, Jones, Dennis
Tag(s):

Federal Trade Commission v. Federal Check Processing

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 7 years 1 month ago
Citation:
16-3811-cv, 16-3805-cv (2nd Circuit, Jan 11,2019) Published
Case Status:
Affirmed
Ruling:
By summary judgment in favor of the FTC, individual defendant was responsible for debt collection practices of his businesses that violated the Federal Debt Collection Practices Act and the FTCA...
Judge(s):
Cabranes, Sack, and Parker, Circuit Judges
Tag(s):

IN RE: SMITH

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 7 years 2 months ago
Citation:
No. 18-3000 (3rd Circuit, Dec 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...
Judge(s):
AMBRO, KRAUSE and PORTER
Tag(s):

IN RE: DUKES

Citation:
16-16513 (11th Circuit, Dec 06,2018) Published
Case Status:
Affirmed
Ruling:
In affirming the bankruptcy court and the district court, the Eleventh Circuit held that a chapter 13 debtor's plan did not discharge the credit union's mortgage at the conclusion of her plan...
Judge(s):
Jill Pryor and Julie Carnes, Circuit Judges, and Conway, District Judge
Tag(s):

U.S. v. Valdes-Ayala

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 7 years 6 months ago
Citation:
16-1002 (1st Circuit, Aug 15,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First Circuit affirmed convictions of defendant who exploited debtors by filing incomplete bankruptcy petitions and promising assistance in their child support payments. First Circuit also vacated...
Judge(s):
Howard, Thompson, and Barron
Tag(s):

Viegelahn v. Lopez

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 7 years 7 months ago
Citation:
17-50297 (5th Circuit, Jul 31,2018) Published
Case Status:
Reversed and Rendered
Ruling:
After voluntary dismissal, Chapters 13 debtors were entitled to the proceeds from the sale of homestead that had lost its exempt status. Proceeds that were acquired post-petition vested in the...
Judge(s):
KING, ELROD, and GRAVES
Tag(s):

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 7 months ago
Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

Goudelock v. Sixty-01 Association of Apartment Owners

Citation:
16-35384 (9th Circuit, Jul 10,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld, 23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
Judge(s):
SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
Tag(s):

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