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Home » Personal Bankruptcy Topics » Family/Divorce Issues

Gately v. Moore (In re Gately)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 4 months ago
Citation:
Bap No. CC-16-1086-TaFMc (BAP 9th Cir. Nov. 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

Neuman v. Krenz (In re Krenz)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 5 months ago
Citation:
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
Ruling:
Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
Judge(s):
FARIS, LAFFERTY, and JURY
Tag(s):

Trentadue v. Gay (In re Trentadue)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 9 years 6 months ago
Citation:
In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).
Ruling:
In the bankruptcy context, attorney’s fees awarded relating to a child support case constitutes a priority, non-dischargeable domestic support obligation under 11 U.S.C. § 507(a)(1).
Judge(s):
Kanne, Ripple, and Williams.
Tag(s):

State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 9 years 7 months ago
Citation:
--- F.3d ---- (11th Cir. 2016)
Ruling:
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). ...
Judge(s):
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
Tag(s):

Flanders v. Lawrence (In re Flanders)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 7 months ago
Citation:
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling:
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised...
Judge(s):
Briscoe, Bacharach, McHugh
Tag(s):

Salven c. Galli (In re Pass)

  • Summarized by Jeffrey Coe , Mesch Clark Rothschild
  • 9 years 7 months ago
Citation:
Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)
Ruling:
The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the...
Judge(s):
Dunn, Taylor, Jury
Tag(s):

Zeddun v. Griswold (In re Wierzbicki)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 7 months ago
Citation:
Zeddun v. Griswold (In re Wierzbicki), Case No. 16-1334 (7th Cir. July 27, 2016).
Ruling:
Promising not to pursue essentially meritless litigation is not reasonably equivalent value when exchanged for an interest in a farm valued at $151,000.00 and the benefit of avoiding further family...
Judge(s):
Wood, Rovner, Hamilton (Per Curium)
Tag(s):

State of Missouri, Department of Social Services v. Spencer (In re Spencer)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 9 months ago
Citation:
State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)
Ruling:
Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.
Judge(s):
Kressel, Saladino, and Nail
Tag(s):

Morris, et al. v. Davis (In re Morris)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 11 months ago
Citation:
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...
Judge(s):
Faris, Jury, Kirscher
Tag(s):

Arciniega v. Clark (In re Arciniega)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 1 month ago
Citation:
BAP No. CC-15-1123-KiGD (BAP 9th Cir. Feb. 03, 2016)
Ruling:
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt...
Judge(s):
Kirscher, Gan (sitting by designation), and Dunn
Tag(s):

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