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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Bradley Pearce

Automotive Finance Corp. v. Morse (In re Morse)

Citation:
BAP No. MB 12-081 (1st Cir. B.A.P. September 11, 2013).
Ruling:
In a brief ruling, the Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of plaintiff on the nondischargeability of its claim under 11...
Judge(s):
Haines, Deasy, and Godoy.
Tag(s):

In re Petrone

Citation:
Nos. 13–007, 08–12024–DF (B.A.P. 1st Cir. Sept. 11, 2013)
Ruling:
Affirming the United States Bankruptcy Court (“BC”), the Bankruptcy Appellate Panel (“BAP”) for the First Circuit affirmed the BC’s order discharging the debtor and denying the debtor’s...
Judge(s):
Lamoutte, Haines, and Deasy, United States Bankruptcy Appellate Panel Judges.
Tag(s):

Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein)

Citation:
Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein), BAP No. CO-13-017 (10th Cir. BAP October 15, 2013)
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's (District of Colorado) denial of Chapter 7 debtor's motion for extension of time to file a notice of appeal. The BAP ruled that debtor failed to...
Judge(s):
Thurman, Cornish, and Karlin
Tag(s):

Chelsea A. Conway v. National Collegiate Trust (In re Conway)

Citation:
In re Conway, 8th Cir. B.A.P. No. 13-6016 (August 21, 2013)
Ruling:
Reversed: The 8th Circuit Bankruptcy Appellate Panel, after a de novo review, reversed the U.S. Bankruptcy Court for the Eastern District of Missouri's ruling, that Ms. Conway's private loans were...
Judge(s):
Bankruptcy Judges: Kressel, Saladino and Schodeen
Tag(s):

LBS Financial Credit Union v. Robert Manning (In re Manning)

Citation:
9th Cir. BAP No. CC-13-1015-KiPaD (August 19, 2013)
Ruling:
In the unpublished decision; the 9th Cir. BAP vacated the Bankruptcy Court's ruling that LBS's debt was not excepted from discharge pursuant to 11 U.S.C. Sec. 523(a)(6). The BAP remanded the...
Judge(s):
Kirscher, Pappas, and Dunn
Tag(s):

Carpenters Pension Trust Fund for Northern California v. Michael Gordon Moxley

Citation:
Carpenters Pension Trust Fund for Northern California v. Michael Gordon Moxley, aka MGM's Cabinet Installation Services, No. 11-16133 (9th Cir. Aug. 20, 2013)
Ruling:
The claim under ERISA of a multiemployer pension fund against an individual chapter 7 debtor-employer for amounts due after the debtor withdrew from a multiemployer bargaining agreement is not...
Judge(s):
Mary M. Schroeder and Consuelo M. Callahan, Circuit Judges, and Sarah S. Vance, Chief District Judge for the Eastern District of Louisiana, sitting by designation. Opinion by Judge Schroeder.
Tag(s):

Willian S. Tomasi v. The Savannah N. Denoce Trust (In re Tomasi)

Citation:
unreported
Ruling:
The 9th Circuit BAP upheld a Bankruptcy Court's determination that a prior California state court decision concerning breach of fiduciary duty was issue preclusive on whether Debtor was not...
Judge(s):
Kirscher, Taylor, Dunn
Tag(s):

Olivia Perez v. Adalberto Perez Jimenez (In re Jimenez)

Citation:
BAP No. NC-12-1425-JuTaPa, appealed from Bk. No. 12-42231-WJL
Ruling:
BAP affirmed bankruptcy court ruling that ex-wife creditor's $245,000 claim against her Chapter 13 Debtor ex-husband was not entitled to priority under 11 USC section 507(a)(1)(A), but rather was a...
Judge(s):
JURY, TAYLOR, and PAPPAS
Tag(s):

Cery Bradley Perle v. Alfonso Fiero (In re Cery Bradley Perle)

Citation:
Perle v. Fiero (in re Perle), No. 11-60000, --- F.3d --- (9th Cir. Aug. 2, 2013)
Ruling:
Affirming the Bankruptcy Appellate Panel’s ruling that an arbitration debt was nondischargeable under 11 U.S.C. §§ 523(a)(3) and 523(a)(6), the Ninth Circuit held that a creditor’s challenge...
Judge(s):
Ikuta and Nguyen, Circuit Judges, and Burns, District Judge
Tag(s):

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