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Weilert v. Gwartz (In re Weilert)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 10 months ago
Citation:
In re Weilert, No. EC-15-1144-JuDTa (9th Cir. B.A.P. July 8, 2016). Not for publication.
Ruling:
The lien of a judgment is avoidable under 522(f)(1)(A) even if the property is held in a trust of which the debtor is trustor, trustee, and beneficiary.
Judge(s):
Meredith A. Jury, Randall B. Dunn, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Ulrich v. Walker (In re Boates)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 10 months ago
Citation:
In re Boates, No. AZ-15-1279-KuJaJu (9th Cir. B.A.P. July 8, 2016). Published.
Ruling:
A chapter 7 debtor’s rights arising from a prepetition payment to a lawyer are estate property, even if the engagement agreement isn't executory.
Judge(s):
Christopher D. Jaime, Bankruptcy Judge for the Eastern District of California, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Nelson v. Midland Credit Management, Inc.

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 10 months ago
Citation:
Nelson v. Midland Credit Management, Inc., Case No. 15-2984 (8th Cir. 2016)
Ruling:
The filing of an accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA.
Judge(s):
Wollman, Benton, Shepherd
Tag(s):

John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)

  • Summarized by ,
  • 9 years 10 months ago
Citation:
John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)
Ruling:
Holdings: United States Court of Appeals for the Second Circuit held that: 1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been...
Judge(s):
JOSÉ A. CABRANES, SUSAN L. CARNEY, CHRISTOPHER F. DRONEY,
Tag(s):

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