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RUBEN PALAZZO, V. BAYVIEW LOAN SERVICING, LLC

Summarizing by Bradley Pearce

Ashmore, Sr. v. CGI Group, Inc.

Citation:
16-1758-cv (2nd Circuit, Jun 21,2017) Not Published
Case Status:
Dismissed
Ruling:
Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
Judge(s):
Katzmann, Pooler and Lynch
Tag(s):

Weil v. Elliott

Citation:
16-55359 (9th Circuit, Jun 14,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Judge(s):
WALLACE, CHRISTEN, WATFORD
Tag(s):

In re Ross

Citation:
No. 15-2222 (In re Ross, 2017 U.S. App. LEXIS 10236 (3d Cir. Pa. June 8, 2017) (3rd Circuit, Jun 06,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
Judge(s):
VANASKIE, KRAUSE, and NYGAARD
Tag(s):

Selenberg v. Bates (In re Selenberg)

Citation:
16-30649 (5th Circuit, May 08,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
Judge(s):
Prado, Higginson, Costa
Tag(s):

Yuska v. Iowa Department of Revenue

Citation:
No. 16-6022 (8th Circuit, May 08,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Circuit affirmed ruling of bankruptcy court (N.D. Iowa - Cedar Rapids) granting defendant's motion for summary judgment. BAP agreed that under Iowa law, administrative prior...
Judge(s):
Saladino, Kressel, Nail
Tag(s):

Giacchi v. U.S.A.

Citation:
15 - 3761 (3rd Circuit, May 05,2017) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the District Court's ruling that the Debtor's late filed tax documents did not constitute returns under 11 U.S.C. § 523(a)(1)(B). Adopting the ruling...
Judge(s):
FISHER, GREENAWAY, JR. and ROTH
Tag(s):

Helming v. Reed (In re Helming)

Citation:
No. 16-6033 (8th Circuit, May 04,2017) Published
Case Status:
Affirmed
Ruling:
Eight Circuit BAP affirmed ruling of bankruptcy court (W.D. Mo.-Jefferson City) denying debtor's claim of exemption in annuity under Missouri exemptions. Annuity, including income, was not exempt...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Mastan v. Salamon (In re Salamon)

Citation:
No. 15-60031 (9th Circuit, Apr 20,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed BAP ruling affirming bankruptcy court's order disallowing deficiency claim following non-judicial foreclosure. Out of bankruptcy foreclosure extinguished creditor's lien, and...
Judge(s):
Schroeder, Davis, Murguia
Tag(s):

American Asset Finance LLC v. Feldman (In re Feldman)

Citation:
United States Court of Appeals for the Third Circuit Case No. 16-1073; (D.C. No. 2-14-cv-05267) (3rd Circuit, Apr 14,2017) Not Published
Case Status:
Dismissed
Ruling:
The plaintiff's appeal to the Court of Appeals for the Third Circuit was dismissed where the E.D.Pa. District Court's order vacating the Bankruptcy Court’s summary judgment decision and remand of...
Judge(s):
AMBRO, VANASKIE, and RESTREPO, Circuit Judges
Tag(s):

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