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Williams v. King (In re King)

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 5 months ago
Citation:
Williams & Wyse v. King, No. 12-6014 (BAP 8th Cir. 2012)
Ruling:
The 8th Circuit B.A.P. affirmed an Order of the Bankruptcy Court for the Western District of Missouri denying a motion to reconsider an Order awarding sanctions and directing a creditor to dismiss...
Judge(s):
8th Cir BAP: Kressel, Schermer, and Nail; U.S. Bankruptcy Judge for the Western District of Missouri: Dennis R. Dow.
Tag(s):

Educational Credit Management Corp. v. Jorgensen (In re Jorgensen)

  • Summarized by Eryk Escobar , Department of Justice
  • 13 years 6 months ago
Citation:
2012 Bankr. LEXIS 4303
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP"), affirmed the Bankruptcy Court ("Court") for the District of Hawaii. Specifically, the BAP upheld the partial discharge of the debtor's student...
Judge(s):
Jury, Hollowell and Pappas Bankruptcy Judges
Tag(s):

RNPM, LLC v. Mercado Alvarez (In re Mercado Alvarez)

  • Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
  • 13 years 8 months ago
Citation:
Case No. PR-080 (1st Cir. BAP June 28, 2012)
Ruling:
Pursuant to Section 1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys...
Judge(s):
Boroff, Deasy, Bailey
Tag(s):

Allen v. US Bank (In re Allen)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 13 years 8 months ago
Citation:
Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.
Judge(s):
Pappas, Dunn, and Hollowell, Bankruptcy Judges
Tag(s):

Shirley v. Smith (In re Shirley)

  • Summarized by Adam Kunst , Casner & Edwards, LLP
  • 13 years 9 months ago
Citation:
Shirley v. Smith (In re Shirley) Case No. 12-6012 (B.A.P. 8th Cir. June 15, 2012)
Ruling:
Under the Iowa Homestead statute, moving over two miles and declaring a new homestead is not a change in the limits of the homestead, and will not serve to extend the old homestead's exemption to...
Judge(s):
Federman, Saladino, Nail
Tag(s):

In re Maharaj

  • Summarized by Dennis O'Dea , SFS Law Group
  • 13 years 9 months ago
Citation:
In re: Maharaj, Case No. 11-1747 (4th Cir. June 14, 2012), slip opinion
Ruling:
AFFIRMING the bankruptcy court's denial of confirmation of an individual Chapter 11 plan accepted by two classes of creditors, but rejected by a class of unsecured creditors, the court held, in a...
Judge(s):
Before Duncan, Agee and Diaz, Circuit Judges. Opinion by Judge Agee in which Judge Duncan and Judge Diaz joined
Tag(s):

Riggs v. Prober & Raphael

Citation:
2012 US App Lexis 11631
Ruling:
The Ninth Circuit held that a debt validation notice only violates 15 U.S.C. 1692g(a)(3) of the Fair Debt Collection Practices Action (FDCPA), or its state equivalent, the Rosentahal Fair Debt...
Judge(s):
J. Clifford Wallace, Consuelo M. Callahan, and Carlos T. Bea, Circuit Judges. Opinion by Judge Callahan
Tag(s):

Zemeckis v. Global Credit & Collection Corp.

Citation:
Zemeckis v. Global Credit & Collection Corp.
Ruling:
In a fact-driven inquiry, the Seventh Circuit held that threats of legal action and collection puffery on the front of a dunning letter (a bill collection communication) could not "overshadow"...
Judge(s):
Seventh Circuit Judges Flaum, Williams, and Tinder.
Tag(s):

Meyer v. Lepe (In re Lepe)

Citation:
Meyer v. Lepe (In re Lepe), Case No. 10-60264 (B.A.P. 9th Cir 2012)
Ruling:
In the Ninth Circuit, a bankruptcy court must examine the totality of the circumstances in determining whether a debtor proposed a plan in good faith under section 1325(a)(3). Contrary to the...
Judge(s):
Judge Papas, Judge Dunne, and Judge Markell
Tag(s):

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