Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
Danduran v. Kaler, No. 10-6042 (B.A.P. 8th Cir. 2010).
Ruling:
A debtor may engage in pre-bankruptcy planning to convert non-exempt assets to exempt assets if the record shows that the debtor's conversion was absent of fraudulent intent.
Dickson v. Countrywide Home Loans (In re Dickson), Case No. 10-5580 (6th Cir. August 26, 2011)
Ruling:
Sixth Circuit affirmed Bankruptcy Appellate Panel and Bankruptcy Court's ruling that Chapter 13 debtor had proper standing and could avoid as a preferential transfer a lien on debtor's mobile home...
Judge(s):
Norris, Gibbons and Griffin (Sixth Circuit); Jospeh M. Scott, Bankruptcy Judge.
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 7 months ago
Citation:
In re Taylor, No. 10-2154 (3d Cir. Aug. 24, 2011)
Ruling:
The United States Court of Appeals for the Third Circuit reverses the District Court with respect to sanctions imposed under Fuentes, Smith and Van Antwerpen
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 7 months ago
Citation:
File Name: 11a0606n.06; Sixth Circuit Court of Appeals Case no. 09-1087; Not Recommended for Full-Text Publication
Ruling:
The Sixth Circuit Court of Appeals affirmed the bankruptcy court rulings on the Title Claim, the Woods Claim and the Sanctions Award (all defined below). The Court of Appeals held that the Rankins...
Judge(s):
Opinion by Judge Lesley Wells, District Judge for the Northern District of Ohio, sitting by designation.
Affirming the judgments of the BAP and Bankruptcy Court, the Eighth Circuit held that where a debtor's required monthly student loan repayment under the Income Contingency Payment Program (ICRP)...
Judge(s):
Wollman, Murphy, and Colloton, Wollman for the majority, Colloton concurring.
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
14 years 10 months ago
Citation:
___ F. 3d ___ (4th Cir. 2011), Slip Op. May 26, 2011, Dkt No. 10-1803
Ruling:
Applying Virginia law, the Court interpreted the language of the note providing the lender "may transfer this Note" as meaning exactly that: the lender may transfer the note. The note is a...
