In re Dean Boland

• Summarized by Jason Stitt , Keating Muething & Klekamp PLL
• 2 months 3 weeks ago

Citation:

Nos. 19-3205/3211 (6th Circuit, Jan 03,2020) Published

Case Status:

Reversed

Ruling:

Court of Appeals for the Sixth Circuit reserved decision of Bankruptcy Court for the Northern District of Ohio, which discharged debt related to civil judgment for willful and malicious injury...

Judge(s):

McKEAGUE, BUSH, and NALBANDIAN, Circuit Judges

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(6)

In re Richard Black

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 2 hours ago

Citation:

BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published

Case Status:

Reversed

Ruling:

1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...

Judge(s):

FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 541(a)(6)
• 1306
• 1327

Umpqua Bank v. Carolyn Burke (In re Burke)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 4 months 3 days ago

Citation:

BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published

Case Status:

Reversed

Ruling:

Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...

Judge(s):

Spraker, Taylor, Brand

Tag(s):

• 9th Circuit
• Claims
• Consumer Bankruptcy
• Discharge/Dischargeability
• 7056
• 727(b)
• 524(a)(2)
• 101

Zito v. Douglass Enterprises, LLC (In re Zito)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 7 months 1 week ago

Citation:

AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published

Case Status:

Reversed

Ruling:

Creditor was not entitled to attorney's fees before prevailing in the state court litigation.

Judge(s):

Brand, Faris, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Professional Compensation/Fees
• Discharge/Dischargeability
• 11 U.S.C § 523(a)(3)(A)

Serap v. Idnani (In re Serap)

• Summarized by Lars Fuller , BakerHostetler
• 11 months 4 days ago

Citation:

BAP No. NV-18-1077-BKuTa (9th Circuit, May 02,2019) Not Published

Case Status:

Reversed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy (D. Nev.) in 2-1 split, concluding Nevada's "one-action rule" renders a creditor's deed of trust void if, prior to the completion of the...

Judge(s):

Brand, Kurtz, Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• Rule 9014

City of Chicago v. Marilyn O. Marshall (In re Steenes)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 1 year 3 weeks ago

Citation:

Nos. 17-3630, 17-3663 & 17-3664 (7th Circuit, Mar 14,2019) Published

Case Status:

Reversed

Ruling:

Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...

Judge(s):

Easterbrook, Rovner, and Hamilton

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C. § 1327(b)

Miller v. Gilliam & Rodriguez (In re Miller)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 1 year 3 weeks ago

Citation:

BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published

Case Status:

Reversed

Ruling:

Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...

Judge(s):

Spaker, Faris, and Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Rule 9011
• 11 USC 105(a)

Doe v. Boland (In re: Boland)

• Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
• 1 year 1 month ago

Citation:

17-8019 (6th Circuit, Feb 13,2019) Published

Case Status:

Reversed

Ruling:

The Sixth Circuit BAP reversed the bankruptcy court's ruling (N.D. Ohio) that a civil judgment was dischargeable under 11 U.S.C. § 523(a)(6). The BAP agreed that collateral estoppel was...

Judge(s):

Humphrey, Buchanan, Dales

Tag(s):

• 6th Circuit
• Discharge/Dischargeability
• 11 U.S.C. 523(a)(6)

THE BANK OF NEW YORK MELLON v. LANE

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 6 months ago

Citation:

NC-16-1405-BSTa (9th Circuit, Sep 19,2018) Published

Case Status:

Reversed

Ruling:

The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...

Judge(s):

BRAND, SPRAKER and TAYLOR, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Personal Bankruptcy Topics
• Mortgage
• 506(d)

Silva v. Pro Transport, Inc.

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 1 year 7 months ago

Citation:

17-12744 (11th Circuit, Aug 10,2018) Published

Case Status:

Reversed

Ruling:

Eleventh Circuit reversed sanctions imposed by district court on attorneys for prosecuting claims that their client failed to disclose as assets in his bankruptcy case. Applying its 2017 ruling in...

Judge(s):

W Pryor, J Pryor Anderson

Tag(s):

• 11th Circuit
• Practice and Procedure
• Labor/Employment

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