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Peoples v. Radloff (In re Peoples)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 9 months ago
Citation:
No. 12-6065 (B.A.P. 8th Cir. July 2, 2013)
Ruling:
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
Judge(s):
Kressel, Saladino and Shodeen, Bankruptcy Judges.
Tag(s):

Mort Ranta v. Gorman

  • Summarized by John Bollinger , Boleman Law Firm, PC
  • 12 years 9 months ago
Citation:
Robert D. Mort Ranta v. Gorman, Trustee (In re Mort Ranta) Case No.12-2017 (4th Cir. July 1, 2013)
Ruling:
Holding that “for both above-median income and below-median income debtors, Social Security income is excluded from the calculation of ‘projected disposable income’ under § 1325(b)(2)”,...
Judge(s):
Before Circuit Judge Gregory, Circuit Judge Agee and Judge Faber (United States District Judge for the Southern District of West Virginia, sitting by designation). Judge Gregory wrote the majority opinion, in which Judge Agee joined. Judge Faber wrote a dissenting opinion.
Tag(s):

Baer v. U.S.

  • Summarized by Julia Klein , klein llc
  • 12 years 9 months ago
Citation:
Baer v. United States, 2013 U.S. App. LEXIS 13546, no. 12-1319 (3d. Cir. July 1, 2013).
Ruling:
The Third Circuit AFFIRMED the district court's dismissal of the complaint for lack of subject matter jurisdiction, holding that Appellants were merely challenging discretionary decisions relating...
Judge(s):
HARDIMAN and ALDISERT, Cir. JJ., and STARK, D.J., sitting by designation.
Tag(s):

Smith v. Atlantic Southern Bank (In re Smith)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 12 years 9 months ago
Citation:
Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)
Ruling:
AFFIRMING the District Court, the 11th Circuit held that creditor had both statutory and constitutional standing to seek (i) relief from the automatic stay to institute foreclosure proceedings and...
Judge(s):
Carnes, Barkett, and Fay
Tag(s):

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