Summarized by Brett Weiss , The Weiss Law Group, LLC
13 years 11 months ago
Citation:
Tanya Rene Johnson v. William H. Zimmer, et al., No. 11-2034 (4th Cir. July 11, 2012).
Ruling:
In this 2-1 ruling, the Fourth Circuit adopted the "economic unit" standard for determining household size under the Chapter 13 Means Test. It also held that a part-time household member, such as a...
Judge(s):
Judge G. Steven Agee wrote the opinion of the Court affirming the Bankruptcy Court, which was joined by Judge Robert B. King. Judge J. Harvie Wilkinson, III, wrote a dissenting opinion.
The Fifth Circuit explained that although a court may take judicial notice of a document filed in another court to establish the fact of such litigation and related findings, a court cannot take...
Terry v. SunTrust Banks Inc., Case No. 11-1704 (4th Cir. July 2, 2012).
Ruling:
SunTrust, which held the general operating account of LandAmerica 1031 Exchange Services, Inc. ("LES"), sold LES certain securities, and extended LES a line of credit, could not be held liable for...
BAP No. NV-11-1742-DKiPa (B.A.P. 9th Cir. June 25, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, the Ninth Circuit Bankruptcy Appellate Panel held that the chapter 7 trustee had standing to appear with respect to Debtors' motion to reopen their chapter 7 case...
Summarized by Bonnie Clair , U.S. Bankruptcy Court
14 years 1 day ago
Citation:
--- WL ---, No. 10-3607 (7th Cir. June 25, 2012)
Ruling:
Reversing the decisions of the District Court and Bankruptcy Court below, the Court ruled that the principals of the debtor entity were liable for breach of fiduciary duty not under Illinois law,...
Summarized by James Morgan , Howard & Howard Attorneys PLLC
14 years 2 weeks ago
Citation:
WMS Motor Sales v. Reese (In re Reese), Case No. 11-3572 (6th Cir. June 13, 2012) (Not for publication)
Ruling:
AFFIRMING the decision of the Bankruptcy Appellate Panel (the “BAP”) of the Sixth Circuit that imposed sanctions against the attorney for a Chapter 7 debtor in the amount of $7,613.85. The...
The Ninth Circuit held that a debt validation notice only violates 15 U.S.C. 1692g(a)(3) of the Fair Debt Collection Practices Action (FDCPA), or its state equivalent, the Rosentahal Fair Debt...
Judge(s):
J. Clifford Wallace, Consuelo M. Callahan, and Carlos T. Bea, Circuit Judges. Opinion by Judge Callahan
In re: Santana Cline, Case No. 11-8075 (6th Cir. BAP June 1, 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed the bankruptcy court’s order dismissing the Debtor’s Chapter 13 case and imposing a two-year filing bar. Such a bar is permissible...
Alderwoods Group, Inc. v. Garcia, et al., Case No. 10-14726 (11th Cir. May 30, 2012) (published)
Ruling:
The judgment of the United States District Court for the Southern District of Florida ("District Court") is vacated because the United States Bankruptcy Court for the Southern District of Florida...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and Robert T. DAWSON, United States District Judge for the Western District of Arkansas, sitting by designation
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 1 month ago
Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
