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Christopher Marino v. Ocwen Loan Servicing

Summarizing by Bradley Pearce

In re OLGA VLADMIROVNA BORDENYUK

Citation:
HI-20-1042-BSG (9th Circuit, Aug 27,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by...
Judge(s):
Brand, Spraker, Gan
Tag(s):

In re Tribune Company

Citation:
18-2909 (3rd Circuit, Aug 26,2020) Published
Case Status:
Affirmed
Ruling:
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
Judge(s):
Ambro, Krause, and Bibas
Tag(s):

In Re: RACHEL CAPELOTO GUILLEN,

Citation:
17-13899 (11th Circuit, Aug 25,2020) Published
Case Status:
Affirmed
Ruling:
On a direct appeal from the bankruptcy court, the Eleventh Circuit affirmed the order confirming the modified plan chapter 13 plan without requiring a change in the debtor's circumstances, based on...
Judge(s):
Branch and Marcus, Circuit Judges, and Ungaro, District Judge.
Tag(s):

First American Title Insurance v. Michael Smith

Citation:
BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
Case Status:
Affirmed
Ruling:
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

In re Donald and Jane Nichols

Citation:
BAP No. AZ-20-1032-TaLB (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
Judge(s):
TAYLOR, LAFFERTY, and BRAND, Bankruptcy Judges
Tag(s):

In re Edwin Earl Elliott

Citation:
Ninth Circuit Court of Appeals Case No. 18-17421 (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
Judge(s):
Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
Tag(s):

BBX Operating, L.L.C. v. Bank of America, N.A.

Citation:
No. 19-11050 (5th Circuit, Aug 11,2020) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (ND Tx), which affirmed ruling of bankruptcy court dismissing creditor's claims against non-debtor bank for failure to state a claim. Unsecured...
Judge(s):
Smith, Graves, Ho
Tag(s):

Michael Holland, et al v. Westmoreland Coal Company

Citation:
19-20066 (5th Circuit, Aug 04,2020) Published
Case Status:
Affirmed
Ruling:
In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
Judge(s):
Costa, Davis, Smith
Tag(s):

Bobka v. Toyota Motor Credit Corporation

Citation:
No. 18-55688 (9th Circuit, Aug 03,2020) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit held that an individual Chapter 7 debtor can assume an automobile lease under Section 365(p) without reaffirming the debt, and further held that the lease assumption is binding on...
Judge(s):
Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Eric N. Vitaliano,* District Judge.
Tag(s):

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