Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
9 years 9 months ago
Citation:
Nelson v. Midland Credit Management, Inc., Case No. 15-2984 (8th Cir. 2016)
Ruling:
The filing of an accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 10 months ago
Citation:
Tevis v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)
Ruling:
Bankruptcy court's order dismissing debtors' adversary proceeding against creditor and chapter 13 trustee affirmed due to debtors' failure to prosecute.
BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing debtor's adversary proceeding alleging that defendants intentionally violated the automatic stay. BAP...
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling:
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors'...
Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)
Ruling:
The decision of the bankruptcy court awarding sanctions against the corporate debtor and its sole shareholder on the grounds that the chapter 11 petition had been filed for the improper purpose of...
Judge(s):
Before Wilkinson and Floyd, Circuit Judges, and Davis, Senior Circuit Judge.
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 2 months ago
Citation:
In re Chagolla, No. 15-1142-JuKuW (9th Cir. B.A.P. Feb. 9, 2016).
Ruling:
A debtor may avoid an unsecured junior lien even after plan confirmation, discharge, and case closure, absent unfair prejudice to the secured creditor. Published.
Judge(s):
Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges, and Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re Free, No. WW-14-1395-JuKiF (9th Cir. B.A.P. Dec. 17, 2015)
Ruling:
In personam liability on undersecured debt that is discharged in chapter 7 is not counted toward the unsecured-debt limit in a subsequent chapter 13 case.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Robert J. Faris, Bankruptcy Judges. Opinion by Judge Jury.
In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...
Judge(s):
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
