The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...
Judge(s):
ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge
Alleged credit reporting "inaccuracy" asserted to be violation of FCRA -- that student loan at issue was reported on credit report notwithstanding plaintiff's bankruptcy -- did not constitute such...
Judge(s):
Lohier, Carney, and Nathan, Circuit Judges (Opinion by Nathan, Circuit Judge)
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...
A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...
The bankruptcy court properly approved a compromise between the Chapter 7 trustee and a creditor. The bankruptcy court is not required to make extensive or detailed findings of fact before...
The bankruptcy court did not abuse its discretion by admitting evidence of the state court's judgment as preclusive in an adversary proceeding nor commit clear error by finding that such evidence...
This decision has no precedential value. The BAP affirmed the Bankruptcy court's holding that the Debtor could not claim the California automatic homestead exemption on property she did not...
