Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 1 month ago
Citation:
Case No. 12-60009 (9th Cir. March 25, 2013)
Ruling:
In AFFIRMING the judgment of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's judgment confirming a chapter 13 plan as proposed in good faith, the Ninth Circuit held that under...
Judge(s):
Kenneth F. Ripple, Stephen S. Trott, and Richard A. Paez
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling:
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 2 months ago
Citation:
AZ-11-1670
Ruling:
Ninth Circuit BAP affirmed the Bankruptcy Court for the District of Arizona. The Debtor argued in the Bankruptcy Court that two judgments for fees awarded to his ex-wife were void because at a...
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory...
REVERSING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that the debtor was not entitled to avoid a judicial lien encumbering the debtor's real property under 11 U.S.C. §...
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
Harris v. Liberty Communication Management, Inc., Case No.: 11-14362 (11th Cir. Dec. 19, 2012)(unpublished)
Ruling:
A property management company, employed by a Homeowners Association to collect past due assessments, is not a 'debt collector' subject to the Fair Debt Collection Practices Act ("FDCPA"), and did...
Nessan v. Lovald, No. 12-1733 (8th Cir. Dec. 5, 2012)
Ruling:
In an unpublished opinion, the Eighth Circuit held that under applicable South Dakota law, the debtor's claimed exemptions in a truck, boat, and legal claim did not entitle the debtor to an...
Judge(s):
Per Curiam. Heard by RILEY, Circuit Judge, COLLOTON AND GRUENDER, Circuit Judges.
Court of Appeals Case No. 12-6118 (10th Cir. December 3, 2012) - Western District of Oklahoma
Ruling:
AFFIRMING the district court's summary judgment in favor of defendants (creditors HSBC, ASC and B&T) based on claims of Fair Debt and Collection Practices Act on behalf of Mr. Solomon, the plaintiff.
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
