Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 7 months ago
Citation:
United States Court of Appeals for the 11th Circuit, Case No. 11-13115 The case was decided on March 22, 2013, and will be published.
Ruling:
The District Court ruled that an annuity purchased by the Debtor with inherited funds one year before filing bankruptcy was exempt as an “annuity” under the Georgia bankruptcy exemption...
In re Orton, No. 11-4157 (3d Cir. July 20, 2012) (Precedential)
Ruling:
Affirming the Bankruptcy Court and District Court, the Third Circuit Court of Appeals held that under the wildcard exemption in 11 U.S.C. § 522(d)(5), where the debtor exempts only an interest in...
Case No. 11-13574 (11th Cir. July 18, 2012) (per curiam) (unpublished)
Ruling:
An entity that regularly attempts to collect debts can be a "debt collector" beyond section 1692f(6) of the Fair Debt Collection Practices Act even ehwne the entity is also enforcing a security...
Judge(s):
Circuit Judges Marcus and Black, and District Judge Wm. Terrell Hodges, U.S. District Court for the Middle District of Florida, sitting by designation
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.);
B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 9 months ago
Citation:
Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.
Summarized by Laura Bartell , Wayne State University Law School
13 years 10 months ago
Citation:
2012 Fed App 0006P (6th Cir. BAP Apr. 23, 2012)
Ruling:
Affirmed grant of summary judgment by bankruptcy court to chapter 7 trustee avoiding lien on manufactured home under Section 544 because lien was not perfected under Kentucky law. Creditor had...
Summarized by Aletheia Allen , New Mexico Court of Appeals
13 years 10 months ago
Citation:
Soule v. Willcut (In re Willcut), BAP Case No. 11-023 (10th Cir. B.A.P. May 29, 2012)
Ruling:
AFFIRMING the bankruptcy court's order, the 10th Circuit Bankruptcy Appellate Panel held that the phrase "value of an interest in . . . real [ ] property" in Section 522 of the Bankruptcy Code is...
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
In re Makris, Case No. 11-1666, 2012 U.S. App. LEXIS 10359 (3d Cir. May 23, 2012) (Not Precedential)
Ruling:
The Third Circuit Court of Appeals VACATED an order of the United States District Court for the District of New Jersey that affirmed the bankruptcy court’s award of fees on fees incurred by the...
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
13 years 10 months ago
Citation:
20012 FED App. 0005P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit upheld the decision of the bankruptcy court denying a Debtor's motion to reopen her bankruptcy case. Debtor requested the case to be reopened...
Judge(s):
Bankruptcy Appellate Panel, Judges Fulton, McIvor, and Shea-Stonum.
