In re Kay Parker

• Summarized by Lars Fuller , BakerHostetler
• 4 days 1 hour ago

Citation:

BAP No. EC-19-1079-BSF (9th Circuit, Feb 11,2020) Not Published

Case Status:

Affirmed

Ruling:

9th Cir. BAP affirmed ruling of bankruptcy court (ED Cal.) granting creditor's remand of unlawful detainer action to state court, after chapter 13 debtor removed it to bankruptcy court. Removal was...

Judge(s):

Brand, Spraker, Faris

Tag(s):

• 9th Circuit
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• Rule 9027

Ocwen Loan Servicing v. Marino (In re Marino)

• Summarized by Lars Fuller , BakerHostetler
• 6 days 20 hours ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Real Estate
• 105(a)

Brian Lerbakken v. Sieloff and Associates, P.A.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 6 days 23 hours ago

Citation:

18-3415 (8th Circuit, Feb 07,2020) Published

Case Status:

Affirmed

Ruling:

Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...

Judge(s):

COLLOTON, WOLLMAN, and BENTON

Tag(s):

• 8th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Family/Divorce Issues
• 522(b)(3)
• 541

Wendy Owens v. Randy Royal, Chapter 7 Trustee

• Summarized by Lars Fuller , BakerHostetler
• 1 week 4 days ago

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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C § 522

Raphael Glapion v. John Mashburn

• Summarized by Michael Cooley , Reed Smith LLP
• 1 week 4 days ago

Citation:

WO-19-030 (10th Circuit, Jan 30,2020) Not Published

Case Status:

Affirmed

Ruling:

Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...

Judge(s):

Nugent, Michael, and Mosier

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• 11 U.S.C § 522

In re Kent and Carley Rae Burton

• Summarized by Lars Fuller , BakerHostetler
• 3 weeks 4 days ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Small Business
• 11 U.S.C.S. § 1307

In re Blake and India Rose Mcharo

• Summarized by Lars Fuller , BakerHostetler
• 1 month 4 days ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. 523(a)(2)(A) and 11 U.S.C. 523(a)(2)(B)

Wal-Mart Stores, Incorporated, et al v. Tobin Park

• Summarized by Craig Geno , Craig M. Geno, PLLC
• 1 month 4 days ago

Citation:

18-30378 (5th Circuit, Jan 08,2020) Not Published

Case Status:

Affirmed

Ruling:

Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...

Judge(s):

Owen, Weiner and Dennis

Tag(s):

• 5th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy

In re Dean Boland

• Summarized by Jason Stitt , Keating Muething & Klekamp PLL
• 1 month 1 week 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 Theodore Perez

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 1 month 2 weeks ago

Citation:

Bankruptcy Applllate Panel of the Sixth Circuit, Case No. 18-8036; File Name: 19b0008n.06 (6th Circuit, Dec 30,2019) Published

Case Status:

Affirmed

Ruling:

Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...

Judge(s):

Buchanan, Dales and Opperman (BAP Judges)

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Ethics
• Practice and Procedure
• Valuation
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability

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