Meyer v. Lepe (In re Lepe), Case No. 10-60264 (B.A.P. 9th Cir 2012)
Ruling:
In the Ninth Circuit, a bankruptcy court must examine the totality of the circumstances in determining whether a debtor proposed a plan in good faith under section 1325(a)(3). Contrary to the...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 1 week ago
Citation:
Meyer v. Renteria (In re Renteria), -- B.R.-- (9th Cir.B.A.P. May 4, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held that a Chapter 13 plan does not "unfairly discriminate" between classes of creditors within the meaning of Bankruptcy Code Section...
Johnson v. Fink, No. 11-6037 (BAP 8th Cir., November 2, 2011)
Ruling:
Once a chapter 13 plan is confirmed, it is binding upon the debtor unless the plan is modified and approved by the court under Sec. 1329(a) after a substantial change in circumstances. A plan...
In re Federal-Mogul Global Inc., Case No. 09-2230, 2012 WL 1511773 (3d Cir. May 1, 2012)
Ruling:
The Court of Appeals for the Third Circuit held that the Debtor Federal-Mogul could transfer its insurance rights to recovery under liability policies to a post-confirmation section 524(g) trust,...
Judge(s):
Anthony J. Scirica, D. Brooks Smith and Kent A. Jordan
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 1 month ago
Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
In a 2-1 decision, the Bankruptcy Appellate Panel for the Ninth Circuit held that the absolute priority rule as set forth under 11 USC Sec. 1129(b)(2)(B)(ii) is inapplicable in individual chapter...
Judge(s):
Hon. Philip H. Brandt, appealed order denying confirmation of the Debtors' plan; Hon. James Marlar, appealed order converting the case to one under chapter 7. BAP: Majoriy decision: Hon. Ralph B. Kirscher and Hon. Scott Clarkson (by designation); Dissent: Hon. Meredith Jury
The 5th Circuit, in a majority opinion over a strong dissent by Judge Haynes, affirmed summary judgment and dismissal granted by the district court in a separate proceeding based on the doctrine...
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 1 month ago
Citation:
(No. 11-1831) (March 22, 2012)
Ruling:
In a matter of first impression at the circuit level, the First Circuit held that a chapter 13 petition and a "fee-only" plan, under which the debtor proposes to pay essentially only the debtor's...
Judge(s):
Selya (author); Souter; Lipez (concurring in judgment); Lipez (concurring opinion)
Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
14 years 2 months ago
Citation:
11-083
Ruling:
A three judge panel of the Bankruptcy Appellate Panel for the Tenth Circuit (the “BAP”) affirmed the confirmation of a chapter 12 plan of reorganization over the objection of an over-secured...
