In re Blake and India Rose Mcharo

• Summarized by Lars Fuller , BakerHostetler
• 1 week 4 days ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. 523(a)(2)(A) and 11 U.S.C. 523(a)(2)(B)

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

• Summarized by Craig Geno , Craig M. Geno, PLLC
• 1 week 4 days ago

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):

• 5th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy

In re Dean Boland

• Summarized by Jason Stitt , Keating Muething & Klekamp PLL
• 2 weeks 2 days ago

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):

• 6th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(6)

In re Theodore Perez

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 3 weeks 1 day ago

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):

• 6th Circuit
• Bankruptcy Process and Procedure
• Ethics
• Practice and Procedure
• Valuation
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability

In re Richard Black

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 weeks 5 days ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 541(a)(6)
• 1306
• 1327

Cheri Whitlock v. John Lowe

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 4 weeks 1 day ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C § 550

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

• Summarized by Lars Fuller , BakerHostetler
• 1 month 3 weeks ago

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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 522; 11 U.S.C. § 541

In re Donnadio

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 2 months 23 hours ago

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):

• 6th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Rule 9009
• § 1325

In re Joseph and Judith Wilczak

• Summarized by Lars Fuller , BakerHostetler
• 2 months 1 week ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 502

Randolph Sellers, et all v. Rushmore Loan Management Services

• Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
• 2 months 3 weeks ago

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):

• 11th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 524

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