Reversing grant of summary judgment to plaintiffs on their claim that debtor's debt to them was nondischargeable under Section 523(a)(4) based on the issue preclusive effect of a prior state...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 6 months ago
Citation:
2012 WL 3890063 (9th Cir. BAP 2012).
Ruling:
Affirming the bankruptcy court, the Ninth Circuit BAP held that when ruling on a motion to dismiss for abuse under § 707(b)(3)(B), the court did not abuse its discretion when it disallowed the...
Judge(s):
Hon. Jim D. Pappas; Meredith A. Jury; and Eileen W. Hollowell (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Robert J. Faris and Hon. Lloyd King (Bankruptcy Court Judges for the District of Hawaii)
Affirm ruling of the district court dismissing appellant's claims under the Fair Debt Collection Practices Act ("FDCPA") and Pennsylvania's Fair Credit Extension Uniformity Act ("FCEUA").
Judge(s):
FISHER and GREENBERG (Circuit Judges), and OLIVER (District Judge, sitting by designation).
Woolsey v. Citibank (In re Woolsey), No. 11-4014 (10th Cir. September 4, 2012).
Ruling:
AFFIRMING the District Court, the 10th Circuit held that § 506(d) prevents Chapter 13 debtors from lien stripping and Dewsnup remains the law. However, the holding is limited to application of ...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 7 months ago
Citation:
Cox v. Villani (In re Villani), --- B.R. ----, 2012 WL 3755525 (1st Cir. B.A.P. Aug. 28, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit REVERSED the U.S. Bankruptcy Court for the District of Massachusetts. The BAP ruled the Bankruptcy Court erred when it ruled in favor of...
Easterling, v. Collecto, Inc., --- F.3d ----, 2012 WL 3734389, (2nd Cir. August 30, 2012) Case No. 11-3209-CV, (Per Curiam)
Ruling:
Reversed and Remanded. Defendant violated the FDCPA's proscription against “false, misleading, or deceptive” debt collection practices by sending Plaintiff, a former debtor, a collection...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 7 months ago
Citation:
Sixth Circuit Court of Appeals File Name: 12a0274p.06
Ruling:
AFFIRMING the ruling of the Bankruptcy Court for the Western District of Michigan, the Sixth Circuit Court of Appeals held Michigan's bankruptcy-specific state exemption law was constitutional...
Judge(s):
Cole, Clay and Mattice (District Judge for E.D. Tenn.); Opinion by Cole
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
Under Arizona state law, a debtor is permitted to exempt the cash surrender value of life insurance policies and an annuity contract even if the beneficiary is not a dependent of the debtor.
Judge(s):
Alex Kozinski, Chief Judge, M. Margaret McKeown and N. Randy Smith, Circuit Judges
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 7 months ago
Citation:
BAP No. MT-11-1366-JuMkH (August 6, 2012)
Ruling:
The BAP held that 541(b)(7)(A) excludes from property of the estate only those 401(k) contributions made before the petition date, and that Chapter 13 debtors' voluntary postpetition retirement...
