Summarized by Jason Stitt , Keating Muething & Klekamp PLL
14 years 3 weeks ago
Citation:
In re Martin, BAP 6th Cir., Case No. 11-8052
Ruling:
Bankruptcy Appellate Panel upheld sanctions against creditor for violation of discharge injunction. Creditor willfully violated discharge injunction when he filed a post-discharge state court...
Judge(s):
EMERSON, FULTON, and PRESTON. Opinion by Hon. Thomas J. Fulton
NOTE: This opinion is stamped as "Not Precedential" and is not an appeal of a case originally filed in bankruptcy court, but of a class action complaint filed originally in the District of New...
Judge(s):
Honorable John E. Jones, III (District Judge for the United States District Court for the Middle District of Pennsylvania, sitting by designation).
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 1 month ago
Citation:
11th Circuit Court of Appeals case number 11-12061 (unpublished)
Ruling:
The United States District Court did not abuse its discretion when it dismissed the Debtor's appeal for failure to pay the filing fee or to seek leave to proceed in forma pauperis.
Postpetition income of Chapter 13 debtors that becomes available after 401(k) loans are fully repaid is projected disposable income that must be turned over to trustee for distribution to creditors...
Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
14 years 1 month ago
Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
14 years 3 months ago
Citation:
No. 10-3654; 11-0872 (6th Cir., December 21, 2011)
Ruling:
In affirrming the lower courts' rulings, the Sixth Circuit first observed that courts are divided over whether the exception to the automatic stay of Section 362(b)(1) is absolute, or dependent on...
In this decision, the Fifth Circuit reminds debtors that there are worse punishments than the denial of a bankruptcy discharge. Debra (“Wife”) and Brian (“Husband”) Spurlin were convicted...
