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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

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

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 4 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 Unpublished.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 4 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 5 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 Unpublished.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 7 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 7 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In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file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):

MacKenzie v. Neidorf (In re Neidorf)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 8 months ago
Citation:
In re Neidorf, BAP No. AZ-14-1496-JuKiPa (9th Cir. B.A.P. July 10, 2015).
Ruling:
A national-mortgage-settlement payment paid to a chapter 7 debtor after the petition date was property of the debtor, not the estate.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Gatewood v. CP Medical, LLC (In re Gatewood)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 8 months ago
Citation:
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling:
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice...
Judge(s):
Kressel, Saladino, and Shodeen, Bankruptcy Judges
Tag(s):

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