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Bushnell v. Bank of the West (In re Bushnell)

Citation:
Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
Ruling:
An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
Judge(s):
Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
Tag(s):

Meyer v. Renteria (In re Renteria)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 13 years 10 months ago
Citation:
Meyer v. Renteria (In re Renteria), -- B.R.-- (9th Cir.B.A.P. May 4, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held that a Chapter 13 plan does not "unfairly discriminate" between classes of creditors within the meaning of Bankruptcy Code Section...
Judge(s):
Markell, Pappas and Dunn, Bankruptcy Judges
Tag(s):

Mallory v. Heitkamp (In re Mallory)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 13 years 11 months ago
Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
Judge(s):
Garza, Southwick, and Haynes, Circuit Judges.
Tag(s):

Friedman v. P+P, LLC (In re Friedman)

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 13 years 11 months ago
Citation:
None as of yet
Ruling:
In a 2-1 decision, the Bankruptcy Appellate Panel for the Ninth Circuit held that the absolute priority rule as set forth under 11 USC Sec. 1129(b)(2)(B)(ii) is inapplicable in individual chapter...
Judge(s):
Hon. Philip H. Brandt, appealed order denying confirmation of the Debtors' plan; Hon. James Marlar, appealed order converting the case to one under chapter 7. BAP: Majoriy decision: Hon. Ralph B. Kirscher and Hon. Scott Clarkson (by designation); Dissent: Hon. Meredith Jury
Tag(s):

Walters v. Bank of the West (In re Walters)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 11 months ago
Citation:
No. 10-6075 (B.A.P. 8th Cir. June 2, 2011)
Ruling:
Under Iowa law, the debtor was not entitled to the homestead exemption in property acquired months after the creditor obtained its judgment against the debtor. This is true even though the debtor...
Judge(s):
Kressel, Federman, and Venters
Tag(s):

Poynter v. U.S.

  • Summarized by Eryk Escobar , Department of Justice
  • 13 years 11 months ago
Citation:
2012 U.S. App. Lexis 6168, Case No. 10-56751 (9th Cir. 2012)
Ruling:
The District Court for the Southern District of California (the "District Court") correctly ruled that the educational loans held by the Department of Education were not dischargeable under 11...
Judge(s):
Farris, Clifton and Ikuta, Circuit Judges.
Tag(s):

Bourff v. Rubin Lublin, LLC

  • Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
  • 14 years 16 hours ago
Citation:
No. 10-14618 (March 15, 2012) [Not Published]
Ruling:
Vacated and Remanded. The Debtor's complaint on its face states a claim upon which relief may be granted under the FDCPA. Unofficial lessons of this case: The FDCPA clearly defines the term...
Judge(s):
Edmondson, Pryor & Bowdre
Tag(s):

In re Perales

  • Summarized by James Morgan , Howard & Howard
  • 14 years 2 days ago
Citation:
In re Perales, ___ B.R. ___ (B.A.P. 6th Cir. 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed a bankruptcy court’s order granting the Chapter 7 debtor’s motion to redeem his motor vehicle for the lump...
Judge(s):
Emerson, McIvor, and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

Cruz v. International Collection Corp.

Citation:
Case No. 09-17449; D.C. No. 5:08-cv-00991 (March 8, 2012, 9th Circuit)
Ruling:
Debt Collector under Fair Debt Collection Practices Act is strictly liable for pursuing collection after debtor notified debt collector in writing that debt was disputed. Individual defendant was...
Judge(s):
John T. Noonan, Carlos T. Bea, Circut Judges, and Donald E. Walter, Senior District Judge sitting by designation.
Tag(s):

Wigod v. Wells Fargo Bank, N.A.

  • Summarized by Mark Melickian , Raines Feldman Littrell LLP
  • 14 years 1 week ago
Citation:
Case no. 11-1423, 7th Circuit Court of Appeals (decided March 7, 2012)
Ruling:
Overturning the district court, the 7th Circuit panel held that a plaintiff successfully pled various state law contract and tort claims against a mortgage servicer that she alleged improperly...
Judge(s):
Kenneth Ripple (Circuit Judge); David Hamilton (Circuit Judge); Sue E. Myerscough (District Court Judge - CD Illinois - sitting by designation). Opinion by Hamilton; concurrence by Ripple.
Tag(s):

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