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Hernandez Zorilla v. FOMB

Summarizing by David Treacy

Jennings v. Royal

Citation:
WY-17-002 (10th Circuit, Nov 21,2017) Not Published
Case Status:
Affirmed
Ruling:
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
Judge(s):
Nugent, Somers, Mosier (Nugent)
Tag(s):

Aspen Skiing Co., v. Cherrett (In re Cherrett)

Citation:
14-60079 (9th Circuit, Oct 16,2017) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court’s order denying a motion to dismiss under 11 U.S.C. § 707(b) constitutes a final, appealable order. Further, debts used to purchase homes are not consumer debts as defined in...
Judge(s):
Marsha S. Berzon, Morgan Christen, and Jacqueline H. Nguyen
Tag(s):

Silver v. Rescap Borrower Claims Trust (In re Residental Capital, Inc.)

Citation:
No.16-1273-bk (2nd Circuit, Oct 11,2017) Not Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the District Court's affirmance of decisions by the U.S. Bankruptcy Court for the Southern District of New York (1) disallowing the claim the pro se debtor lodged with ResCap...
Judge(s):
Hon. Robert D. Stack; Hon. Reena Raggi; Hon. Susan L. Carney.
Tag(s):

Olsen v. Finance Authority of Maine

Citation:
BAP No. EP 16-058, BK Case No. 14-20859-PGC, Adv. Pro. No. 15-02031-PGC (1st Circuit, Jul 19,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Inga Olsen (the “Debtor”) appeals from the bankruptcy court’s October 26, 2016 judgment in favor of creditor Finance Authority of Maine (“FAME”), determining that: (1) her student loan...
Judge(s):
BAP (Bailey, Godoy and Panos) appeal from USBC-Maine (Hon. Peter G. Cary)
Tag(s):

State of Missouri Department of Social Services v. Spencer (In re Spencer)

Citation:
16-3182, 16-3183 (8th Circuit, Aug 22,2017) Published
Case Status:
Affirmed
Ruling:
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Tag(s):

Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

Koyle v. Sand Canyon Corp.

Citation:
No. 16-4035 (10th Circuit, Mar 31,2017) Published
Case Status:
Affirmed
Ruling:
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
Judge(s):
Kelly, Briscoe, Lucero
Tag(s):

LVNV Funding, LLC v. Harling, v. Simmons-Beasley

Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

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