WHITCOMB V. SMITH

Citation:
MB 16-044 (1st Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
In a sad tale of family discord and proof of the adage that "no good deed goes unpunished," the BAP affirmed the bankruptcy court's judgment that the debtor's obligations to her daughter and...
Judge(s):
DEASY, CARY, FAGONE, United States Bankruptcy Appellate Panel Judges
Tag(s):

In re Escarcega, et al.

Citation:
NC-16-1333 through -1336, and NC-16-1358 (9th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
Judge(s):
JURY, FARIS, BRAND, US Bankruptcy Judges
Tag(s):

Charles Gabus Motors, Inc. v. Tirrell (In re Tirrell)

Citation:
17-6009 (8th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
Judge(s):
SALADINO, SCHERMER, NAIL
Tag(s):

Dorsey v. U.S. Department of Education (In the Matter of Dorsey)

Citation:
16-31085 (5th Circuit, Sep 01,2017) Published
Case Status:
Affirmed
Ruling:
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
Judge(s):
SMITH, OWEN, HIGGINSON
Tag(s):

Jackson v. ING Bank

Citation:
BAP NO. MB 16-046 (1st Circuit, Aug 23,2017) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel found no error or abuse of discretion in any of the orders of the Bankruptcy Court. Therefore affirmed all the issues on Appeal.
Judge(s):
Deasy, Cary and Fagone
Tag(s):

State of Missouri Department of Social Services v. Spencer (In re Spencer)

Citation:
16-3182, 16-3183 (8th Circuit, Aug 22,2017) Published
Case Status:
Affirmed
Ruling:
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Tag(s):

Donahue v. Poole (In re Poole)

Citation:
CC-16-1439-LTaKu (9th Circuit, Aug 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
Judge(s):
LAFFERTY, TAYLOR, KURTZ
Tag(s):

Trainor v. Evans (In re Evans)

Citation:
CC-16-1356-KuFTa (9th Circuit, Aug 09,2017) Not Published
Case Status:
Affirmed
Ruling:
The evidentiary record did not support a finding that the bankruptcy court had committed reversible error by entering judgment in favor of the debtor in nondischargeability litigation. The BAP will...
Judge(s):
KURTZ, FARIS , TAYLOR (Bankruptcy Judges)
Tag(s):

Hawk v Englehart

Citation:
16-20641 (5th Circuit, Jul 19,2017) Published
Case Status:
Affirmed
Ruling:
Debtors exempted an IRA. After the onjection to exemption deadline expired, they withdrew finds from the IRA. However, they did not "roll over" the withdrawn funds into a replacement IRA, as...
Judge(s):
Stewart, Weiner And Prado
Tag(s):

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