Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 11 months ago
Citation:
United States Court of Appeals for the 11th Circuit Case No. 10-14366 (not yet published)
Ruling:
A complaint that was filed by two borrowers against a law firm stated a claim for relief for damages based on an alleged violation of the Federal Debt Collection Practices Act (15 U.S.C. section...
Judge(s):
Circuit Court Chief Judge Dubina, Circuit Judge Carns and District Judge Forrestor (sitting by designation)
Summarized by Aletheia Allen , New Mexico Court of Appeals
13 years 11 months ago
Citation:
Gladwell v. Reinhart, Case No. 2:08-CV-00562-DAK (April 24, 2012), unpublished
Ruling:
The Tenth Circuit Court of Appeals held that (i) the debtor's Keogh retirement plan was generally exempt under Utah state law because it substantially complied with the IRS tax requirements, (ii)...
Summarized by T. Malpass , Law Offices of T. Edward Malpass
13 years 11 months ago
Citation:
Not available.
Ruling:
The Ninth Circuit reversed the decision of the Bankruptcy Court and the Bankruptcy Appellate Panel, resolving issues arising from a Chapter 7 Trustee’s action to recover property. On the first...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 11 months ago
Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
Warfield v. Salazar (In re Salazar) Case No. 08-11597 (9th Cir. B.A.P. Mar. 14, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Ninth Circuit (the “9th Circuit B.A.P.”) affirmed the decision of the U.S. Bankruptcy Court for the District of Arizona (the “Bankruptcy Court”)...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 11 months ago
Citation:
Cockhren v. MidWestOne Bank, Case No. 11-6067 (8th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “8th Circuit B.A.P.”) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of Iowa (the “Bankruptcy...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 11 months ago
Citation:
No. 10-6075 (B.A.P. 8th Cir. June 2, 2011)
Ruling:
Under Iowa law, the debtor was not entitled to the homestead exemption in property acquired months after the creditor obtained its judgment against the debtor. This is true even though the debtor...
Summarized by Eryk Escobar , Department of Justice
14 years 2 days ago
Citation:
2012 U.S. App. Lexis 6168, Case No. 10-56751 (9th Cir. 2012)
Ruling:
The District Court for the Southern District of California (the "District Court") correctly ruled that the educational loans held by the Department of Education were not dischargeable under 11...
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 1 week ago
Citation:
(Docket No. 11-1830; March 21, 2012)
Ruling:
In affirming the lodestar approach for awarding joint debtors' counsel's fees in a chapter 13 case under Section 330, the First Circuit held that (1) the bankruptcy court, after finding that...
