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Roussel v. Clear Sky Properties, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 8 months ago
Citation:
No. 15-3048 (8th Cir. July 25, 2016)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable....
Judge(s):
Smith, Gruender, Benton
Tag(s):

John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)

  • Summarized by ,
  • 9 years 8 months ago
Citation:
John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)
Ruling:
Holdings: United States Court of Appeals for the Second Circuit held that: 1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been...
Judge(s):
JOSÉ A. CABRANES, SUSAN L. CARNEY, CHRISTOPHER F. DRONEY,
Tag(s):

Johnson v. Midland Funding, LLC

  • Summarized by Paul Avron , Berger Singerman LLP
  • 9 years 10 months ago
Citation:
No. 15-11240 (11th Cir. May 24, 2016)
Ruling:
In a consolidated appeal, the Eleventh Circuit reversed dismissal of two actions brought under the Fair Debt Collection Practices Act (FDCPA) by Chapter 13 debtors given that the claimant-debt...
Judge(s):
Eleventh Circuit Judges Wilson and Martin, and visiting Fifth Circuit Judge Patrick Higginbotham.
Tag(s):

Tehrani v. Walters

  • Summarized by George Utlik , Capital One
  • 9 years 10 months ago
Citation:
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling:
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors'...
Judge(s):
McKee, Ambro, Scirica
Tag(s):

Billings v. Propel Financial Services

  • Summarized by J. Newman , Newman & Newman
  • 9 years 10 months ago
Citation:
14-51326, consolidated with 15-50199, 15-50340, 15-50437 USCA Fifth Circuit
Ruling:
The transfer of a tax lien does not constitute an extension of “credit” that is subject to the Truth in Lending Act. In addition to TILA, this case concerns the Homeowner Equity and Protection...
Judge(s):
BARKSDALE, CLEMENT, and HAYNES, Circuit Judges.
Tag(s):

Mendez v. Harwood (In re Harwood)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 11 months ago
Citation:
9th Cir. BAP No. NC-15-1055-DTaKu (April 8, 2016) (unpublished)
Ruling:
Bankruptcy court properly confirmed Chapter 13 Plan over good faith objections and other objections raised by Creditor. The BAP affirmed the bankruptcy court's order confirming the Chapter 13 Plan.
Judge(s):
DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
Tag(s):

Justice v. U.S.A

Citation:
Justice v. United States of America (In re Justice), Case No. 15-10273 (11th Cir. Mar. 30, 2016).
Ruling:
The Eleventh Circuit held that the debtor’s tax debts were not dischargeable under section 523(a)(1)(B)(i) of the Bankruptcy Code because the debtor’s late-filed Forms 1040 did not qualify as...
Judge(s):
Tjoflat, Martin and Anderson, Circuit Judges
Tag(s):

Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 2 days ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Judge(s):
Honorable KIRSCHER, KURTZ and FARIS
Tag(s):

In re Yonish

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 3 weeks ago
Citation:
In re Yonish, Case No. 15-8006, (6th Cir. BAP March 3, 2016) (unpublished)
Ruling:
Limiting the precedential effect to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) reversed the decision below denying the Debtors' motion to reopen their case in order to avoid...
Judge(s):
Delk, Harrison and Lloyd; opinion by Harrison
Tag(s):

Caldwell v. Nelson (In re Caldwell)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 1 month ago
Citation:
9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted...
Judge(s):
Bankruptcy Judges JURY, KIRSCHER, and DUNN
Tag(s):

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