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Stout v. Marshack (In re Stout)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 10 months ago
Citation:
BAP Nos. CC-13-1045-DKiTa and CC-13-1257-DKiTa
Ruling:
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
Judge(s):
Honorable Dunn, Kirscher, and Taylor
Tag(s):

Muth v. Muth (In re Muth)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 10 months ago
Citation:
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to...
Judge(s):
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
Tag(s):

Galluzzo v. Commissioner of Internal Revenue

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 11 years 10 months ago
Citation:
Galluzzo v. Commissioner of Internal Revenue, No. 13-3555 (3d Cir. April 24, 2014)
Ruling:
The United States Tax Court did not have jurisdiction over former debtors' tax redetermination action because the Commissioner of Internal Revenue did not mail a notice of deficiency to the debtors...
Judge(s):
Hardiman, Sloviter, and Barry, Circuit Judges
Tag(s):

Manty v. Johnson (In re Johnson)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 10 months ago
Citation:
In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th...
Judge(s):
FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.
Tag(s):

Schwartz-Tallard v. America's Servicing Co

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 11 years 11 months ago
Citation:
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling:
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
Tag(s):

Borm v. CitiMortgage, Inc. (In re Borm)

Citation:
CitiMortgage, Inc. v. Borm (In re Borm), Case No. 13-6065 (B.A.P. 8th Cir. Apr. 2, 2014)
Ruling:
Bankruptcy court abused its discretion in denying mortgage creditor's request for relief from automatic stay when debtors missed significant number of post-petition mortgage payments contrary to...
Judge(s):
Federman, Schermer, and Nail
Tag(s):

Spokane Law Enforcement FCU v. Barker (In re Barker)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 11 months ago
Citation:
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...
Judge(s):
JURY, KURTZ, and PAPPAS,
Tag(s):

Pliler v. Stearns (In re Pliler)

  • Summarized by James Clarke , Akin Gump Strauss Hauer & Feld LLP
  • 11 years 11 months ago
Citation:
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling:
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not...
Judge(s):
Duncan, Wynn, and Thacker (Opinion written by Wynn)
Tag(s):

Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 12 months ago
Citation:
In Re Schlehuber, 8th Cir. Court of Appeals, No. 13-2070 [March 19, 2014][Unpublished]
Ruling:
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel and the Bankruptcy Court, which held that a creditor has the standing...
Judge(s):
WOLLMAN, MURPHY, and SMITH,
Tag(s):

Young v. Young (In re Young)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 12 years 3 days ago
Citation:
2014 WL 944846
Ruling:
The 8th Circuit BAP affirmed the Bankruptcy Court's imposition of sanctions pursuant to Rule 9011, but reversed the imposition of sanctions under the Bankruptcy Court's inherent powers, holding...
Judge(s):
Kressel, Schermer, and Shodeen
Tag(s):

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