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Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 5 months ago
Citation:
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Judge(s):
Taylor, Dunn, Jury
Tag(s):

Jester v. Wells Fargo Bank N.A. (In re Jester)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 6 months ago
Citation:
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling:
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
Judge(s):
Thurman, Jacobvitz, Hall (Hall)
Tag(s):

Brown v. Van Ru Credit Corp.

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 10 years 6 months ago
Citation:
File Name15a1252p.06; Case No. 15-1323, U.S. Court of Appeal for the Sixth Circuit (Oct. 22, 2015)
Ruling:
A voicemail by a student loan credit collection agency to a business owned by someone who owes student loan debt which simply provides the name of the caller, a reference number and the creditor's...
Judge(s):
Rogers and Donald, Circuit Court Judges, and Rose, District Judge, sitting by designation.
Tag(s):

Brumfiel v. Lewis (In re Brumfiel)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 6 months ago
Citation:
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling:
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims...
Judge(s):
Karlin, Cornish, Michael (Karlin)
Tag(s):

U.S.A. v. Williams

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 10 years 8 months ago
Citation:
13-2359 (7th Cir. August 10, 2015)
Ruling:
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the...
Judge(s):
Cuday, Easterbrook, Rovner
Tag(s):

Wildhaber, Sr. v. Burchard (in re Wildhaber, Sr.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 9 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1352-PaJuKl (July 28, 2015)
Ruling:
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan....
Judge(s):
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
Tag(s):

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