Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
11 years 2 months ago
Citation:
___ F.3d ___, Case No. 14-1016 (4th Cir. Mar. 3, 2015)
Ruling:
Dismissal of class action lawsuit filed by chapter 13 debtors against debt collectors for violation of the Federal Debt Collections Practices Act for filing proofs of claim without a Maryland debt...
Chesley v. RWW Properties, LLC (In re Chesley), BAP No. NC-14-1070-JuTaPa (B.A.P. 9th Cir. Feb. 26, 2015) (NOT FOR PUBLICATION)
Ruling:
AFFIRMING the bankruptcy court's order denying debtor's motion for reconsideration, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion...
Jenkins v. Mitelhaus (In re Jenkins and Ramey), BAP Nos. CC-14-1185-PaTaD, CC-14-1258-PaTaD (Cross-Appeals) (B.A.P. 9th Cir. Feb. 20, 2015)
Ruling:
REVERSING, in part, the bankruptcy court's judgment determining that Debtors' debt to real estate salesperson was excepted from discharge under section 523(a)(4), AFFIRMING the bankruptcy court's...
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling:
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a...
The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 2 months ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Standard form complaints and discovery requests served on debtors by a consumer debt collector did not, on their face, violate the Fair Debt Collections Practices Act, and therefore were...
Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)
Ruling:
AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in...
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 5 months ago
Citation:
NC-13-4615
Ruling:
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The...
