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In re: Philip Charles DeVries,

Summarizing by Amir Shachmurove

In re Clifford Allen Brace Jr.

Citation:
17-60032 (9th Cir.) (9th Circuit, Nov 09,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the bankruptcy court's finding that one real property held by the debtor and his non-debtor spouse was community property based on the California community property...
Judge(s):
Callahan, Nguyen, Ezra
Tag(s):

Wells Fargo Bank N.A. v. Mahogany Meadows Avenue Trust

Citation:
18-17320 (9th Circuit, Nov 05,2020) Published
Case Status:
Affirmed
Ruling:
Wells Fargo (WF), the panel held, did not suffer an uncompensated taking under the Constitution’s Takings Clause (TC). Below, WF had attacked a foreclosure sale by a homeowners’ association...
Judge(s):
Mary H. Murguia; Eric D. Miller; and George Caram Steeh III
Tag(s):

LaTasha Tennial v. REI Nation

Citation:
No. 20-5358 (6th Circuit, Oct 28,2020) Published
Case Status:
Affirmed
Ruling:
Having previously treated Bankruptcy Rule 8002(a)(1)'s appellate deadline as jurisdictional, the Sixth Circuit here held it to be mandatory. The panel pointed to Supreme Court cases limning the...
Judge(s):
Jeffrey S. Sutton; Deborah L. Cook; and Helene N. White
Tag(s):

In re Barbara Wigley

Citation:
18-6027 (8th Circuit, Sep 25,2020) Published
Case Status:
Affirmed
Ruling:
Without referring to the Rooker-Feldman doctrine or any type of preclusion doctrine, the Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that a state court judgment, which held...
Judge(s):
NAIL,SHODEEN,and DOW,BankruptcyJudges
Tag(s):

Ricky Sharpton v. Susan Manchester, Chapter 7 Tr

Citation:
BAP No. WO-20-004 & WO-20-005 (10th Circuit, Sep 14,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (WD Ok.), which entered judgment against chapter 7 debtor on avoidance claim and for denial of discharge. Totality of the circumstances...
Judge(s):
Romero, Somers, Jacobvitz
Tag(s):

In re Feshback

Citation:
19-10060 (11th Circuit, Sep 09,2020) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
Tag(s):

McDaniel v. Navient Solutions

Citation:
18-1445 (10th Circuit, Aug 31,2020) Published
Case Status:
Affirmed
Ruling:
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
Judge(s):
BRISCOE, HOLMES, and EID
Tag(s):

Annette Diaz v. Mary Viegelahn

Citation:
19-50982 (5th Circuit, Aug 26,2020) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
Judge(s):
STEWART, CLEMENT, and COSTA
Tag(s):

In Re: RACHEL CAPELOTO GUILLEN,

Citation:
17-13899 (11th Circuit, Aug 25,2020) Published
Case Status:
Affirmed
Ruling:
On a direct appeal from the bankruptcy court, the Eleventh Circuit affirmed the order confirming the modified plan chapter 13 plan without requiring a change in the debtor's circumstances, based on...
Judge(s):
Branch and Marcus, Circuit Judges, and Ungaro, District Judge.
Tag(s):

First American Title Insurance v. Michael Smith

Citation:
BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
Case Status:
Affirmed
Ruling:
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

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