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):

Wal-Mart Stores, Incorporated, et al v. Tobin Park

Citation:
18-30378 (5th Circuit, Jan 08,2020) Not Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...
Judge(s):
Owen, Weiner and Dennis
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):

In re Richard Black

Citation:
BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published
Case Status:
Reversed
Ruling:
1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
Judge(s):
FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
Tag(s):

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Judge(s):
Oldham, Clement, Duncan
Tag(s):

Radiance Capital Receivables N v. Thomas Crow (In re Thomas Crow)

Citation:
BAP No. WY-18=083 & WY-18-086 (10th Circuit, Nov 26,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
Judge(s):
Cornish, Hall, Loyd
Tag(s):

In re Donnadio

Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

In re Joseph and Judith Wilczak

Citation:
BAP No. NC-19-1038-FBG (9th Circuit, Nov 13,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
Judge(s):
Faris, Brand, Gan
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):

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