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Bucher v. Dakota Finance Corp. (In re Whitaker)

  • Summarized by Jesse Sixkiller , Dorsey & Whitney LLP
  • 13 years 10 months ago
Citation:
Bucher v. Dakota Finance Corporation (In re Whitaker), Case No. 12-6004, --- F.3d --- (B.A.P. 8th Cir. July 19, 2012) (slip opinion) (Federman, J.)
Ruling:
AFFIRMING the bankruptcy court’s orders dismissing trustees’ adversary proceedings against a tribe and its subsidiary, the Bankruptcy Appellate Panel for the Eighth Circuit held that both the...
Judge(s):
Federman, Venters, Saladino, Bankruptcy Judges.
Tag(s):

Birster v. American Home Mortgage Servicing, Inc.

  • Summarized by Paul Avron , Berger Singerman LLP
  • 13 years 10 months ago
Citation:
Case No. 11-13574 (11th Cir. July 18, 2012) (per curiam) (unpublished)
Ruling:
An entity that regularly attempts to collect debts can be a "debt collector" beyond section 1692f(6) of the Fair Debt Collection Practices Act even ehwne the entity is also enforcing a security...
Judge(s):
Circuit Judges Marcus and Black, and District Judge Wm. Terrell Hodges, U.S. District Court for the Middle District of Florida, sitting by designation
Tag(s):

U.S. v. Johns

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 13 years 10 months ago
Citation:
Case No. 11-3299 (7th Cir. July 17, 2012)
Ruling:
Court of Appeals upheld criminal convictions of Johns on all four counts of bankruptcy fraud under 18 U.S.C. § 152(8), 18 U.S.C. § 157, 18 U.S.C. § 1519, and 18 U.S.C. § 152(5). Court of...
Judge(s):
Easterbrook, Flaum and Wood. Opinion by Circuit Judge Flaum.
Tag(s):

Studensky v. Morgan (In re Morgan)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 10 months ago
Citation:
Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR. R. 47.5
Ruling:
The Fifth Circuit REVERSED the judgment of the District Court and held that, where a debtor does not claim a homestead exemption and then sells the homestead post-petition, the debtor has the...
Judge(s):
Jolly, Higginbotham, and Dennis (per curiam)
Tag(s):

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