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RUBEN PALAZZO, V. BAYVIEW LOAN SERVICING, LLC

Summarizing by Timothy Anzenberger

Andrews v. McCarron

Citation:
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling:
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating...
Judge(s):
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
Tag(s):

Faden v. Segal (In re Segal)

Citation:
9th Circuit Bankruptcy Appellate Panel Nos. CC-14-1175-KuPaTa and CC-14-1224-KuPaTa
Ruling:
In the unpublished decisions, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling holding creditor Stephen Fade ("Faden") in contempt based on Faden knowing a...
Judge(s):
KURTZ, PAPPAS and TAYLOR, Bankruptcy Judges
Tag(s):

U.S.A. v. Stanley

Citation:
5th Circuit Opinion of Dec. 12, 2014 in Case No. 13-60704 -Not Published
Ruling:
All four rulings of the District Court were upheld: (1) Debtor's argument that the government was required to appeal his discharge in his prior bankruptcy proceedings, resulting in estoppel or...
Judge(s):
Fifth Circuit Court Judges King, Dennis and Clement
Tag(s):

Banner Bank v. Johns (In re Johns)

Citation:
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based...
Judge(s):
Hon. Kirscher, Dunn, and Jury
Tag(s):

Starky v. Birdsell (In re Starky)

Citation:
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Judge(s):
Hon. Dunn, Jury, and Kirscher
Tag(s):

Haig v. Shart (In re Shart)

Citation:
9th Cir. BAP No. CC-14-1065-SpDTa (November 14, 2014)
Ruling:
Clear error is not demonstrated by pointing to conflicting evidence in the record. Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. ...
Judge(s):
SPRAKER, DUNN and TAYLOR
Tag(s):

Choudhuri v. Deutsche Bank (In re Choudhuri)

Citation:
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling:
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying...
Judge(s):
PAPPAS, JURY and KURTZ, Bankruptcy Judges
Tag(s):

Greene v. U.S. Dept. of Education

Citation:
Greene v. U.S. Dep't of Education, Case No. 13-3257 (7th Cir. Oct. 27, 2014) (unpublished)
Ruling:
The reasons for making some counterclaims compulsory are to prevent harassment by the filing of repeated claims and to avoid duplicative litigation. Stating that any counterclaim that ultimately...
Judge(s):
Posner, Flaum, Sykes
Tag(s):

Slorp v. Lerner, Sampson & Rothfus

Citation:
File name 14a0745n.06; Docket No. 13-3402
Ruling:
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...
Judge(s):
Moore, Gibbons and Sutton; opinion by Gibbons
Tag(s):

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