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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Kemp v. U.S. Department of Education

Citation:
17-6032 (8th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Judge(s):
SALADINO, NAIL and SHODEEN
Tag(s):

Sandoval v. Taylor

Citation:
17-1241 (10th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
10th Cir. (D. Colo.) reversed and remanded ruling of bankruptcy court (D. Colo.) on direct appeal finding that proper calculation for lien avoidance under 11 USC 522(f) for jointly owned property...
Judge(s):
Lucero, Phillips, Moritz
Tag(s):

21st Mortgage Corp. v. Glenn

Citation:
No. 17-60533 (5th Circuit, Aug 13,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of district court (ND. Miss.), affirming bankruptcy court, which overruled secured creditor's objection to chapter 13 plan treatment for failure to include one time...
Judge(s):
Elrod, Costa, Ho
Tag(s):

Adams v. Newport Crest Homeowners Assoc., Inc.

Citation:
BAP No. CC-17-1224-KuFS (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditor on 11 USC 523 claim and claim of setoff and recoupment. Under...
Judge(s):
Kurtz, Faris, Spraker
Tag(s):

JTF Rose, Inc. v. Esquerra

Citation:
BAP No. CC-17-1356-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case. Bankruptcy court incorrectly applied issue preclusion. Lack of...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Pendergraft v. Network of Neighbors, Inc.

Citation:
18-20045 (5th Circuit, Aug 08,2018) Published
Case Status:
Affirmed
Ruling:
The mental culpability to make a debt non-dischargeable under 11 U.S.C. § 523(a)(4) can be established with evidence that the debtor failed to comply with corporate formalities (at least when the...
Judge(s):
DAVIS, COSTA, and ENGELHARDT
Tag(s):

Viegelahn v. Lopez

Citation:
17-50297 (5th Circuit, Jul 31,2018) Published
Case Status:
Reversed and Rendered
Ruling:
After voluntary dismissal, Chapters 13 debtors were entitled to the proceeds from the sale of homestead that had lost its exempt status. Proceeds that were acquired post-petition vested in the...
Judge(s):
KING, ELROD, and GRAVES
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Dalton v. Warfield

Citation:
BAP No. AZ-17-1310-SBaF (9th Circuit, Jul 11,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) granting chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor's pending appeal of prepetition entry of...
Judge(s):
Spraker, Bason, Faris
Tag(s):

Goudelock v. Sixty-01 Association of Apartment Owners

Citation:
16-35384 (9th Circuit, Jul 10,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld, 23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
Judge(s):
SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
Tag(s):

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