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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Smith v. IH4 Property West LP (In re Smith)

Citation:
BAP No. CC-16-1414-FLKu (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

IN RE: JFK CAPITAL HOLDINGS, L.L.C

Citation:
16-31151 (5th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Judge(s):
Reavley, Southwick and Haynes
Tag(s):

Dering Pierson Group, LLC v. Kantos

Citation:
No. 17-6014 (8th Circuit, Jan 09,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Minn - St. Paul) entering judgment on 523(a)(6) claim in favor of debtor. BAP found no error in bankruptcy court ruling that creditor failed...
Judge(s):
Nail, Schermer, Dow
Tag(s):

Peake v. Ayobami

Citation:
16-20589 (5th Circuit, Jan 03,2018) Published
Case Status:
Affirmed
Ruling:
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself. NOTE: this is a narrow...
Judge(s):
JOLLY, SMITH, GRAVES
Tag(s):

CIT Bank, N.A. v Ryan (In re Ryan)

Citation:
HI-16-1391-TaLB (9th Circuit, Jan 04,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded ruling of bankruptcy court (D. Hawaii) after bankruptcy court entered order approving of chapter 7 debtors' revised statement of intention regarding real...
Judge(s):
Taylor, Lafferty, Brand
Tag(s):

IN RE: EUTSLER

Citation:
2:15-bk-00870 (9th Circuit, Dec 27,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (ED Wash.) denying motion for relief from stay by creditors seeking to enforce option agreement to purchase stock from ch. 13 debtor. Option...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

OCWEN LOAN SERVICING, LLC v MARINO

Citation:
NV-16-1229-FLTi and NV-16-1238-FLTi (9th Circuit, Dec 22,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
(1) Affirming the bankruptcy court's judgment of $1,000 per each improper post-discharge contact of the debtors by the creditor; and (2) vacating, and remanding to the bankruptcy court, the...
Judge(s):
FARIS, LAFFERTY, TIGHE (U.S. Bankr. C.D. Cal., sitting by designation)
Tag(s):

Title Max v. Northington (In re Northington

Citation:
16-17468 (11th Circuit, Dec 11,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
Tag(s):

Cole v. Bordeaux, LLP (In re Cole)

Citation:
BAP No. CC-17-1176-KuSA (9th Circuit, Dec 04,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP (9th Cir.) affirmed bankruptcy court (C.D. Cal.) order granting fee application for ch. 13 debtor's counsel over objection of ch. 13 debtor. Bankruptcy court neither abused discretion nor...
Judge(s):
Kurtz, Spraker, Alston
Tag(s):

Sheedy v. Bankowski

Citation:
17-1407 (1st Circuit, Nov 16,2017) Published
Case Status:
Affirmed
Ruling:
In this case lies a warning to all attorneys -- the bankruptcy court did not abuse its discretion in denying the debtor's motion to extend the time for her to file an appeal. The debtor's...
Judge(s):
Howard, Torruella, Lynch
Tag(s):

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