Marques v. Joseph (In re Marques)

Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Village Park Community Association v. Faitalia (In re Faitalia)

Citation:
HI-16-1170-JuTaKu (9th Circuit, Dec 06,2016) Published
Case Status:
Reversed
Ruling:

After Chapter 13 Debtors successfully stripped homeowner association lien for purposes of plan confirmation, bankruptcy court erred in awarding attorneys fees and costs to Chapter 13 Debtor as...

Judge(s):
JURY, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

White v. MAS Financial (In re White)

Citation:
CC-16-1067-TaKuKi (9th Circuit, Dec 02,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court's order denying debtor's fee motion is vacated, and case is remanded to determine whether adversary proceeding was an action on a sales contract and whether attorney's fees are...

Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

Reed v. New York Community Bank (In re Reed)

Citation:
CC-16-1028-DKiF (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

In rem relief from stay was properly granted by the bankruptcy court where debtor had filed multiple cases and transferred fractional interests in residence.

Judge(s):
DUNN, KIRSCHER and FARIS
Tag(s):

In re Wojcik

Citation:
BAP No. CC-16-1172-KiFPa (9th Circuit, Nov 30,2016) Published
Case Status:
Affirmed
Ruling:

Petition preparer was strictly liable for violating 110 by using term "paralegal" in firm name and advertisement.

Judge(s):
Ralph B. Kirscher and Robert J. Faris, Bankruptcy Appellate Panel Judges, and Jim D. Pappas, U.S. Bankruptcy Judge for the District of Idaho, sitting by designation
Tag(s):

Nelson v. Long (In re Long)

Citation:
16-6073 (10th Circuit, Dec 12,2016) Published
Case Status:
Affirmed
Ruling:

The scope and application of state exemptions are defined by the state courts and appellate courts will give deference to the state's hhighest court's interpretation. if the state's highest...

Judge(s):
BRISCOE, EBEL, PHILLIPS (BRISCOE)
Tag(s):

McCray v. Wells Fargo Bank, N.A.

Citation:
16-1415 (4th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

 The Fourth Circuit Court of Appeals upheld the bankruptcy court's dismissal of the debtor's adversary proceeding on the grounds that because the claims asserted in the adversary proceeding...

Judge(s):
Before Motz, Wynn, and Floyd, Circuit Judges
Tag(s):

Yagman v. Kittay (In re Yagman)

Citation:
United States Court of Appeals for the Second Circuit; Case No. 16-57 (2nd Circuit, Dec 01,2016) Not Published
Case Status:
Affirmed
Ruling:
RULING BY SUMMARY ORDER (DOES NOT HAVE PRECEDENTIAL EFFECT). United States Court of Appeals for the Second Circuit held that the district court properly dismissed a Chapter 7 debtors' appeal for...
Judge(s):
DENNIS JACOBS, ROSEMARY S. POOLER, Circuit Judges, and GEOFFREY W. CRAWFORD, District Judge (sitting by designation)
Tag(s):

Egbune v. Kiel (In re Egbune)

Citation:
CO-16-006 (10th Circuit, Nov 30,2016) Not Published
Case Status:
Affirmed
Ruling:

Any action taken post-confirmation to avoid or alter secured status provided by a confirmed plans is barred by the res judicata effect of § 1327(a). A court can reconsider an allowed or...

Judge(s):
NUGENT, SOMERS, HALL (HALL)
Tag(s):

In re McCoy

Citation:
6th Cir, B.A.P. Case No. 15-8056 (6th Circuit, Nov 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:

The Bankruptcy Court abused its discretion in denying the debtor's motion to reopen his chapter 7 case, pursuant to section 350(b), based solely upon the passage of time, where the debtor...

Judge(s):
Harrison, Preston, Wise
Tag(s):

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