America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling:
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling:
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as...
Graham Mortgage Corp. v. Goff (In re Goff), Case No.: 13-41148 (5ht Cir. Aug. 22, 2014)
Ruling:
Fifth Circuit affirmed denial of Debtor's discharge pursuant to11 U.S.C. §727(a)(3) for debtor's failure to maintain adequate books and records without justification, where the only evidence the...
Order allowing debtor to extinguish second-priority mortgage lien on home when first-priority lien exceeded fair market value of home was affirmed, with the Court observing that it was bound to...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Gutierrez v. Coker (In re Gutierrez), 9th Cir. B.A.P., NC-13-1469-DJuKu, August 19, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court denying the motion for contempt for violation of the discharge injunction...
In the unpublished decisions, the 9th Cir. BAP held that its review of the bankruptcy court's ruling was limited to determining whether the bankruptcy court's finding's were illogical, implausible,...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling:
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 9 months ago
Citation:
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Filing of proofs of claim by debt collectors in respect of debts deemed unenforceable under state statutes of limitations violates Fair Debt Collection Practices Act. Under "least-sophisticated...
Judge(s):
HULL, Circuit Judge, WALTER, District Judge (W.D. La.), and GOLDBERG, U.S Court of International Trade Judge
