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In re Salma Merritt

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 9 hours 33 min ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-20-1026-TFB (9th Circuit, Dec 02,2020) Not Published
Case Status:
Affirmed
Ruling:
US Bank, as trustee ("Secured Creditor") evidenced its right to enforce deed of trust. 11 U.S.C. Sec. 362(d)(4) inclusion of "scheme" means "an intentional artful plot or plan." Thus it is not...
Judge(s):
Honorable Taylor, Faris, and Brand
Tag(s):

In re John Jean Bral

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 1 day 8 hours ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1039-STL (9th Circuit, Nov 30,2020) Published
Case Status:
Affirmed
Ruling:
Creditor's claim did not assert a pre-petition state law cause of action separate from the Bankruptcy Code. Rather, the claim arose from the initial bankruptcy filing. Therefore, the claim is...
Judge(s):
Honorable Spraker, Taylor, and Lafferty
Tag(s):

In re Bernd Schaefers

Citation:
20-1067 (9th Circuit, Dec 01,2020) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the disallowance, by the U.S. Bankruptcy Court for the Central District of California (BC), of the Debtor's claim of a homestead...
Judge(s):
Gary A. Spraker; Scott H. Gan; William Lafferty
Tag(s):

In re William Harold Thomas

Citation:
20-8002 (6th Circuit, Nov 23,2020) Not Published
Case Status:
Affirmed
Ruling:
A panel of the Bankruptcy Appellate Panel for the Sixth Circuit (BAP or Panel) affirmed, "solely" on procedural grounds, the decision of the United States Bankruptcy Court for the Western District...
Judge(s):
Beth A. Buchanan; Randall S. Mashburn; Jessica E. Price Smith
Tag(s):

VIncent Manikan v. Peters and Freeman, LLP

Citation:
No. 19-55393 (9th Circuit, Nov 25,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
Tag(s):

In re Jeffrey Brooks

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court, Eastern District of Missouri
  • 4 days 15 hours ago
Citation:
United States Bankruptcy Appellate Panel Case No. 20-6014 (8th Circuit, Nov 25,2020) Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court (D. Neb.) in full in that cause existed to modify the automatic stay, because the Debtor was in default under the plan. The BAP agreed with the bankruptcy...
Judge(s):
The Hons. Schermer, Nail, and Dow
Tag(s):

In re: Philip Charles DeVries,

Citation:
20-6011 (8th Circuit, Nov 25,2020) Published
Case Status:
Reversed
Ruling:
As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...
Judge(s):
Barry S. Schermer (Author); Charles L. Nail, Jr.; Dennis R. Dow
Tag(s):

Lawrence Wohleber, Jr. v. Jennifer Skurko

Citation:
19-3223, 19-3225 (6th Circuit, Nov 18,2020) Not Published
Case Status:
Dismissed
Ruling:
The Panel dismissed the appeal, of Jennifer Skurko (Skurko) and Leslie Gentile (Gentile, and with Skurko, Defendants), of an order of the Bankruptcy Appellate Panel (BAP), which reversed the...
Judge(s):
Helene N. White; Alice M. Batchelder; and Eric E. Murphy
Tag(s):

In re Clifford Allen Brace Jr.

  • Summarized by Michael Myers , Buchalter, A Professional Corporation
  • 3 weeks 3 days ago
Citation:
17-60032 (9th Cir.) (9th Circuit, Nov 09,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the bankruptcy court's finding that one real property held by the debtor and his non-debtor spouse was community property based on the California community property...
Judge(s):
Callahan, Nguyen, Ezra
Tag(s):

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