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In re: EMAD AZIZ MASOUD ALFAHEL and LINA NADIM FAHEL

Summarizing by Shane Ramsey

In re: EMAD AZIZ MASOUD ALFAHEL and LINA NADIM FAHEL

Summarizing by Bradley Pearce

Home » Personal Bankruptcy Topics » Consumer Debt

In re Anselmo and Alma Cabral

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
  • 2 years 6 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1061-LST (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Tammy Ogletree

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
  • 2 years 6 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. NC-20-1087-FBG (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full. The BAP discussed that bankruptcy court did not error in determining the present value available for distribution or the amount available under a...
Judge(s):
The Hons. Faris, Brand, and Gan
Tag(s):

Wells Fargo Bank N.A. v. Mahogany Meadows Avenue Trust

Citation:
18-17320 (9th Circuit, Nov 05,2020) Published
Case Status:
Affirmed
Ruling:
Wells Fargo (WF), the panel held, did not suffer an uncompensated taking under the Constitution’s Takings Clause (TC). Below, WF had attacked a foreclosure sale by a homeowners’ association...
Judge(s):
Mary H. Murguia; Eric D. Miller; and George Caram Steeh III
Tag(s):

In re Paul Morabito

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
  • 2 years 7 months ago
Citation:
United States Bankruptcy Appellate Panel Case No. NV-20-2367-GTaB (9th Circuit, Sep 29,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court decision to grant summary judgment was affirmed in full. The BAP also found that the decision to apply issue preclusion was appropriate under Nevada law, because the Trustee...
Judge(s):
The Hons. Gan, Taylor, and Brand
Tag(s):

In re John Horton

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
  • 2 years 8 months ago
Citation:
WW-20-1069-LSF (9th Circuit, Sep 29,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court decision not to reopen the case was affirmed in full. The appellate court reviewed the decision not to reopen for an abuse of discretion and determined there was no such...
Judge(s):
The Hons. Lafferty, Spraker, and Faris
Tag(s):

In re Dennis Baham

Citation:
NV-20-1081-TaBG (9th Circuit, Sep 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Judge(s):
Laura S. Taylor; Julia W. Brand; and Scott H. Gan
Tag(s):

In re Myron Hale

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 2 years 8 months ago
Citation:
United States Bankruptcy Appellate Panel Case No. CC-19-1225-SFL (9th Circuit, Sep 28,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the Debtor's motion to dismiss. The Debtor does not have an absolute right to dismiss; rather, the Debtor must demonstrate...
Judge(s):
Honorable Spraker, Fairs, and Lafferty
Tag(s):

In re Feshback

Citation:
19-10060 (11th Circuit, Sep 09,2020) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
Tag(s):

In Re: RACHEL CAPELOTO GUILLEN,

Citation:
17-13899 (11th Circuit, Aug 25,2020) Published
Case Status:
Affirmed
Ruling:
On a direct appeal from the bankruptcy court, the Eleventh Circuit affirmed the order confirming the modified plan chapter 13 plan without requiring a change in the debtor's circumstances, based on...
Judge(s):
Branch and Marcus, Circuit Judges, and Ungaro, District Judge.
Tag(s):

Bobka v. Toyota Motor Credit Corporation

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 2 years 9 months ago
Citation:
No. 18-55688 (9th Circuit, Aug 03,2020) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit held that an individual Chapter 7 debtor can assume an automobile lease under Section 365(p) without reaffirming the debt, and further held that the lease assumption is binding on...
Judge(s):
Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Eric N. Vitaliano,* District Judge.
Tag(s):

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