Tower Loan of Mississippi, LLC v. Chuck Willis

• Summarized by J Newman , Newman & Newman
• 22 hours 57 min ago

Citation:

No. 18-60344 (5th Circuit, Dec 12,2019) Published

Case Status:

Reversed and Remanded

Ruling:

it is for the arbitrator—not (the court)—to decide whether Willis’s TILA claim is arbitrable. It is similarly the arbitrator’s province to resolve the inconsistent procedural terms....

Judge(s):

OWEN, Chief Judge, SMITH and DENNIS, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Litigation

Radiance Capital Receivables N v. Thomas Crow (In re Thomas Crow)

• Summarized by Lars Fuller , BakerHostetler
• 1 week 1 day ago

Citation:

BAP No. WY-18=083 & WY-18-086 (10th Circuit, Nov 26,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...

Judge(s):

Cornish, Hall, Loyd

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 522; 11 U.S.C. § 541

In re Donnadio

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 2 weeks 3 days ago

Citation:

19-8004, 2019 WL 6270946 (6th Cir. BAP 2019) (6th Circuit, Nov 25,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Court cannot confirm Plan as matter of law where Plan provides for payment of secured claim but does not expressly provide that Creditor will retain lien until obligation is paid in full under...

Judge(s):

Wise, Buchanan and Harrison

Tag(s):

• 6th Circuit
• Plan Confirmation
• Consumer Bankruptcy
• 9007
• 11 USC 1325
• 11 USC 1322

In re Donnadio

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 2 weeks 4 days ago

Citation:

19-8004 (6th Circuit, Nov 25,2019) Published

Case Status:

Reversed and Remanded

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...

Judge(s):

Buchanan, Harrison and Wise; opinion by Wise

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Rule 9009
• § 1325

Umpqua Bank v. Carolyn Burke (In re Burke)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 1 week 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

In re Joseph and Judith Wilczak

• Summarized by Lars Fuller , BakerHostetler
• 1 month 1 hour ago

Citation:

BAP No. NC-19-1038-FBG (9th Circuit, Nov 13,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...

Judge(s):

Faris, Brand, Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 502

Mark DeGiacomo v. Sacred Heart Univeristy (In re Palladino)

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 month 2 hours ago

Citation:

17-1334 (1st Circuit, Nov 12,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...

Judge(s):

Howard, Torruella, and Lynch

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• 548

Asphalt Professionals, Inc. v. Darin Davis (In re Darin Davis)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 1 month 6 days ago

Citation:

BAP No. CC-19-1116-TaLS; Bk. No. 1:10-bk-17214-VK (9th Circuit, Nov 05,2019) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court's decision sustaining chapter 7 trustee's objection to two proofs of claim affirmed.

Judge(s):

Taylor, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Claims
• Professional Compensation/Fees

In re Alba Sanchez

• Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
• 1 month 1 week ago

Citation:

18-679 (2nd Circuit, Oct 30,2019) Published

Case Status:

Affirmed

Ruling:

The bankruptcy courts possess the inherent power to sanction attorneys in appropriate circumstances.

Judge(s):

Walker, Carney and Sullivan

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• Professional Compensation/Fees

Randolph Sellers, et all v. Rushmore Loan Management Services

• Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
• 1 month 1 week ago

Citation:

3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published

Case Status:

Reversed and Remanded

Ruling:

District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...

Judge(s):

Wilson, J. Pryor, and Thapar

Tag(s):

• 11th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 524

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