In re Blake and India Rose Mcharo

Citation:
BAP No. OR-19-1010-LTaF (9th Circuit, Jan 09,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...
Judge(s):
Lafferty, Taylor, Faris
Tag(s):

In re Dean Boland

Citation:
Nos. 19-3205/3211 (6th Circuit, Jan 03,2020) Published
Case Status:
Reversed
Ruling:
Court of Appeals for the Sixth Circuit reserved decision of Bankruptcy Court for the Northern District of Ohio, which discharged debt related to civil judgment for willful and malicious injury...
Judge(s):
McKEAGUE, BUSH, and NALBANDIAN, Circuit Judges
Tag(s):

In re Theodore Perez

Citation:
Bankruptcy Applllate Panel of the Sixth Circuit, Case No. 18-8036; File Name: 19b0008n.06 (6th Circuit, Dec 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...
Judge(s):
Buchanan, Dales and Opperman (BAP Judges)
Tag(s):

Umpqua Bank v. Carolyn Burke (In re Burke)

Citation:
BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published
Case Status:
Reversed
Ruling:
Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...
Judge(s):
Spraker, Taylor, Brand
Tag(s):

Randolph Sellers, et all v. Rushmore Loan Management Services

Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

Evan Crocker, et al v. Navient Solutions, L.L.C., (In re Crocker)

Citation:
18-20254 (5th Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
In a perplexing ruling regarding a court's ability to enforce the discharge injunction, the Fifth Circuit ruled that only a court in the district that issued the discharge could enforce the...
Judge(s):
STEWART, SOUTHWICK and ENGELHARDT
Tag(s):

Educational Financial Service v. Stephanie Henry (In re Henry)

Citation:
18-20809 (5th Circuit, Oct 17,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy Courts have discretion to refuse to compel arbitration of discharge disputes. The Fifth Circuit followed its prior rulings in In re National Gypsum and In re Gandy and found: (1)...
Judge(s):
King, Higginson and Duncan
Tag(s):

Colby Irish v. Karine Ghadyan (In re Abulyan and Ghadyan)

Citation:
BAP No. NV-18=1219-KuLB (9th Circuit, Sep 27,2019) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision that the debtors' failure to timely pay a discounted settlement amount, thus leaving a $25 late fee unpaid after a...
Judge(s):
Kurtz, Lafferty, Brand
Tag(s):

In re - Stuart Scott Snyder

Citation:
18‐1578‐bk (2nd Circuit, Sep 12,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A default judgment issued as a sanction has preclusive effect for purposes of determining dischargeability of a debt, but where a single judgment involves two underlying debts, the court must...
Judge(s):
POOLER, CHIN, Circuit Judges, and VITALIANO, District Judge
Tag(s):

Brown v. Quantum3 Group LLC; MOMA Funding LLC, (In re Brown)

Citation:
BAP No. SC-18-1121-SFL (9th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) overruling debtors' claim objection. Statute of limitations was continuously tolled by applicable state law during pendency of...
Judge(s):
Spraker, Faris, Lafferty
Tag(s):

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