Richard Lauter v. Wells Fargo Bank

Citation:
19-6013 (8th Circuit, Mar 19,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Misty Brady v. Maxus Healthcare Partners, et al

Citation:
19-10974 (5th Circuit, Mar 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
Judge(s):
HIGGINBOTHAM, HO, and ENGELHARDT
Tag(s):

In re Paul Orlandi

Citation:
19-8001 (6th Circuit, Feb 28,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed in part and reversed in part the bankruptcy court (N.D. Ohio)'s discharge violation finding. Failure to require a contempt proceeding...
Judge(s):
Dales, Harrison (author), and Opperman
Tag(s):

In re Maggie Liu

Citation:
BAP Nos. CC-19-1039-STaF and CC-19-1040-STaF (9th Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
Appeal of order denying motion to dismiss the debtor's chapter 7 case pursuant to section 109(g)(2) filed several months after the order was entered was was dismissed for lack of appellate...
Judge(s):
SPRAKER, TAYLOR, and FARIS
Tag(s):

Ocwen Loan Servicing v. Marino (In re Marino)

Citation:
Nos. 18-60005, 18-60006, 18-60040, 18-60041 (9th Circuit, Feb 10,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
Judge(s):
Wallace, Murguia, Lasnik
Tag(s):

Dewitt v. Stewart (In re Stewart)

Citation:
18-9007 (1st Circuit, Feb 03,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...
Judge(s):
Howard, Torruella, Seyla
Tag(s):

Wendy Owens v. Randy Royal, Chapter 7 Trustee

Citation:
BAP No. WY-19-027 (10th Circuit, Jan 29,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
Judge(s):
Nugent, Michael, Mosier
Tag(s):

Puerto Rico, LLC v. Empresas Martinez Valentin Cor

Citation:
18-2103 (1st Circuit, Jan 28,2020) Published
Case Status:
Affirmed
Ruling:
For the foregoing reasons, we dismiss the appeal of the April 4 damages award, and we affirm the amount of attorneys' fees imposed.
Judge(s):
Torruella, Thompson, and Kanatta (author)
Tag(s):

In re Kent and Carley Rae Burton

Citation:
BAP No. AZ-19-1126-LTaF (9th Circuit, Jan 14,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed dismissal of chapter 13 case after bankruptcy court (D. Az.) determined that debtors' potential recovery from marijuana business lawsuit created impermissible risk of...
Judge(s):
Lafferty, Taylor, Faris
Tag(s):

In re Blake and India Rose Mcharo

Citation:
BAP No. OR-19-1010-LTaF (9th Circuit, Jan 09,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...
Judge(s):
Lafferty, Taylor, Faris
Tag(s):

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