Wendy Adelson v. Ocwen Loan Servicing, LLC

Citation:
22-2204 & 21-2972 (6th Circuit, Jan 31,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S> Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
Tag(s):

In re: JOSE HUMBERTO AGUILAR GALVAN

Citation:
BAP No. CC-22-1106-LCF (9th Circuit, Jan 30,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....
Judge(s):
LAFFERTY, CORBIT, and FARIS
Tag(s):

In re: DANIEL RICHARD DOLL

Citation:
22-1004 (10th Circuit, Jan 18,2023) Published
Case Status:
Affirmed
Ruling:
When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
Judge(s):
HOLMES, EBEL, and EID
Tag(s):

In re: METAL RECOVERY SOLUTIONS, INC

Citation:
22-1081 (9th Circuit, Jan 17,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
Tag(s):

In Re: JUDITH LACY BOZEMAN

Citation:
21-10987 (11th Circuit, Jan 10,2023) Published
Case Status:
Reversed and Rendered
Ruling:
A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...
Judge(s):
ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge
Tag(s):

Mader v. Experian

Citation:
20-3073; 21-2171 (2nd Circuit, Jan 04,2023) Published
Case Status:
Affirmed
Ruling:
Alleged credit reporting "inaccuracy" asserted to be violation of FCRA -- that student loan at issue was reported on credit report notwithstanding plaintiff's bankruptcy -- did not constitute such...
Judge(s):
Lohier, Carney, and Nathan, Circuit Judges (Opinion by Nathan, Circuit Judge)
Tag(s):

Brian J. Kelly v. Peter Herrell

Citation:
21-2442, 21-2443 (7th Circuit, Dec 22,2022) Not Published
Case Status:
Affirmed
Ruling:
By withdrawing a motion to dismiss the involuntary petition that, in essence, alleged fraud in the proceedings and by failing to argue in the appeal to the district court an argument raised in the...
Judge(s):
ROVNER, SCUDDER, ST, EVE
Tag(s):

In re: DEBBIE REID O'GORMAN

Citation:
BAP No. NC-22-1062-BFT (9th Circuit, Dec 21,2022) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...
Judge(s):
Brand, Faris, and Taylor
Tag(s):

Frank McIntyre v. Dennis Fangman, et al.

Citation:
BAP No. CO-22-003 (10th Circuit, Dec 30,2022) Not Published
Case Status:
Affirmed
Ruling:
Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...
Judge(s):
HALL, LOYD, and THURMAN, Bankruptcy Judges
Tag(s):

In re: Julie Marie Wood

Citation:
No. 22-8003 (6th Circuit, Dec 13,2022) Published
Case Status:
Affirmed
Ruling:
Despite multiple "red herring arguments" Appellant's failure to meet the well-settled requirements for opposing a properly-supported summary judgment motion supported the bankruptcy court's finding.
Judge(s):
DALES, GUSTAFSON, and MASHBURN
Tag(s):

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