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):

Linda Lane v. Saran Dean; Kevin Dean (In re Lane)

Citation:
Adversary Proceedings Nos. 18-8038/8040; Bankruptcy Case No. 3:17-bk-32227; File Name: 19b0008p.06 (6th Circuit, Aug 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel of the Sixth Circuit Court of Appeals affirmed two rulings by the bankruptcy court which found creditors in contempt and issued sanctions against creditors for: (i)...
Judge(s):
Buchanan, Dales and Wise, Bankruptcy Appellate Judges
Tag(s):

Zito v. Douglass Enterprises, LLC (In re Zito)

Citation:
AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published
Case Status:
Reversed
Ruling:
Creditor was not entitled to attorney's fees before prevailing in the state court litigation.
Judge(s):
Brand, Faris, Lafferty
Tag(s):

Kamal Zeeb v. Samuel Farah (In re Zeeb)

Citation:
BAP No. CC-19-1019-SKuTa (9th Circuit, Aug 09,2019) Not Published
Case Status:
Affirmed
Ruling:
State court jury finding of liability on conversion but award of zero damages established that creditor suffered harm from debtor on conversion claim. Issue preclusion did not prevent bankruptcy...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

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