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In re: DANIELA M. FARINA

Summarizing by Amir Shachmurove

In re Gabino F.A. Duran

Citation:
Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1045-KTG (9th Circuit, Jul 27,2021) Published
Case Status:
Affirmed
Ruling:
The BAP, in affirming the bankruptcy court, held three things: 1) dismissals, even those brought under § 1307(b) requires a court to consider the § 349(a) possibility of dismissal with...
Judge(s):
The Hons. Klein, Taylor, and Gan
Tag(s):

Alan Halperin v. Mark Richards

Citation:
20-2793 (7th Circuit, Jul 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
Tag(s):

Margaret Kinney v. HSBC Bank USA

Citation:
20-1122 (10th Circuit, Jul 23,2021) Published
Case Status:
Affirmed
Ruling:
A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...
Judge(s):
BACHARACH, EBEL, and EID
Tag(s):

In re John Finstad

Citation:
20-1857 (8th Circuit, Jul 21,2021) Published
Case Status:
Affirmed
Ruling:
In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...
Judge(s):
James B. Loken; William D. Benton; and Jane L. Kelly
Tag(s):

In re Adam R. Schiller

Citation:
21-6001 (8th Circuit, Jul 15,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Tag(s):

In re Anibal Mesala Silva

Citation:
BAP No. CC-20-1237-GTL (9th Circuit, Jul 06,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...
Judge(s):
Gan, Taylor, Lafferty
Tag(s):

In re Lenore L Albert

Citation:
20-60006 (9th Circuit, Jun 10,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit (Panel) affirmed the Bankruptcy Appellate Panel’s affirmance of rejection of a debtor’s attempt, after her chapter 13 case’s conversion to a...
Judge(s):
Consuelo M. Callahan; Richard C. Tallman; and Kenneth K. Lee
Tag(s):

In re Censo, LLC

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1240-FLT (9th Circuit, May 28,2021) Not Published
Case Status:
Affirmed
Ruling:
Debtor's Notice of Appeal only attached the order denying Debtor's motion for reconsideration. Therefore, the BAP's ruling was limited to only the reconsideration order and not the prior stay...
Judge(s):
Honorable Faris, Lafferty, and Taylor, Bankruptcy Judges
Tag(s):

In re Anna Stahl

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1254-SGF (9th Circuit, Apr 07,2021) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion by relying exclusively on the schedules to calculate chapter 13 Debtor's eligibility. The BAP also rejected Appellant’s argument that the...
Judge(s):
Honorable Spraker, Gan, and Faris, Bankruptcy Judges
Tag(s):

In re Borsotti

Citation:
19-1193 (9th Circuit, Mar 23,2021) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the orders granting relief from the automatic stay and dismissing his case issued by the U.S. Bankruptcy Court for the...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
Tag(s):

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