Leavitt v. Finney (In re Finney)

Citation:
In re Finney, No. NV-12-1032-DJuKi (9th Cir. B.A.P. Feb. 6, 2013).
Ruling:
Because the chapter 13 debtor received a chapter 7 discharge in a prior case commenced during the four-year period before the current petition date, she was not entitled to a discharge in the...
Judge(s):
BAP Judges Dunn, Jury, and Kirscher; opinion by Judge Dunn.
Tag(s):

Anti Lothian Bankruptcy Fraud Committee v. Lothian Oil, Inc. (In re Lothian Oil, Inc.)

Citation:
No. 11-51082
Ruling:
Appellants appeals of three pro hac vice related orders were dismissed because they were untimely. Appellants motion to set aside settlements agreements encompassed in the Debtor's confirmed plan...
Judge(s):
Jolly, Jones, Graves, Circuit Judges
Tag(s):

Dill Oil Co., LLC v. Stephens (In re Stephens)

Citation:
Appellate Case Number 11-6309 (Bankruptcy Case No. 10-14028-WV), Document Number 01018983694, entered on January 15, 2013.
Ruling:
The 10th Circuit reversed the bankruptcy court's ruling that the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) abrogated the absolute priority rule (APR), in its entirety as to...
Judge(s):
Kelly and Holmes, Circuit Judges, and William J. Martinez, District Judge (sitting by designation). Opinion by Judge Kelly.
Tag(s):

Elliott v. Sutton (In re Elliott)

Citation:
No. 12-30707 (5th Cir. Jan. 7, 2013)
Ruling:
Affirming the judgment of the District Court for the Western District of Louisiana (“the DC”), the Fifth Circuit held that a bankruptcy court may sua sponte convert a debtor’s Chapter 13...
Judge(s):
Higginbotham, Owen, and Southwick, Circuit Judges.
Tag(s):

In re Pertuset

Citation:
12b0009n.06; Docket No. 12-8014
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Southern District of Ohio which denied confirmation of the debtor's Chapter 12 plan and dismissed...
Judge(s):
Fulton, Harris and Shea-Stonum; opinion by Fulton
Tag(s):

Ad Hoc Group of Vitro Noteholders v. Vitro SAB de CV (In re Vitro SAB de CV)

Citation:
Case No. 12-10542 (5th Cir. November 28, 2012)
Ruling:
AFFIRMED, in consolidated appeals arising from a Chapter 15 proceeding, district court's judgment recognizing the Mexican reorganization proceeding and appointment of foreign representatives and...
Judge(s):
King, Smith, and Barksdale, Circuit Judges
Tag(s):

Compton v. Anderson (In re MPF Holdings US LLC)

Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Judge(s):
Stewart, DeMoss, Graves
Tag(s):

Santander Consumer USA, Inc. v. Houlik (In re Houlik)

Citation:
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
Judge(s):
Cornish, Brown and Rasure.
Tag(s):

Beaulieu v. Ragos (In re Ragos)

Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
Judge(s):
Davis, Dennis and Haynes
Tag(s):

Anderson v. Cranmer (In re Cranmer)

Citation:
Anderson v. Cranmer (In re Cranmer) Case No. 12-4002 (10th Cir. Oct. 24, 2012)
Ruling:
Social Security income need not be included in the calculation of projected disposable income for a Chapter 13 repayment plan. Not including Social Security income in the calculation of projected...
Judge(s):
Murphy (author), Holloway, and O'Brien
Tag(s):

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