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Volo provides ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal and the Bankruptcy Appellate Courts. Volunteer members provide a summary of each new opinion within 24 hours of their release, and each summary includes the full text of the opinion, the case status, a citation, and the judges involved. Users can also subscribe to email alerts from the circuits that interest them most.

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Meyer v. Lepe (In re Lepe)

Citation:
Meyer v. Lepe (In re Lepe), Case No. 10-60264 (B.A.P. 9th Cir 2012)
Ruling:
In the Ninth Circuit, a bankruptcy court must examine the totality of the circumstances in determining whether a debtor proposed a plan in good faith under section 1325(a)(3). Contrary to the...
Judge(s):
Judge Papas, Judge Dunne, and Judge Markell
Tag(s):

Gordon v. Official Committee of Unsecured Creditors (In re Royal Manor Management, Inc.)

Citation:
12a0482n.06; Docket Nos. 09-4432, 10-4321, 10-4322
Ruling:
In an opinion not recommended for full-text publication, the Sixth Circuit Court of Appeals affirmed decisions by the District Court and Bankruptcy Court for the Northern District of Ohio which...
Judge(s):
Gibbons, Sutton and Duggan (by designation); opinion by Sutton
Tag(s):

Gilbert v. Residential Funding LLC

Citation:
Gilbert v. Residential Funding LLC, Case No. 10-2295 (4th Cir., May 3, 2012)
Ruling:
A lawsuit seeking rescission of a mortgage loan is timely under the Truth in Lending Act where the consumer provided notice of rescission to the subservicer within three years of closing but did...
Judge(s):
Chief Judge Traxler, Judge Floyd and J. Michelle Childs, United States District Judge, District of South Carolina (sitting by designation)
Tag(s):

Thomas v. Federal National Mortgage Association (In re Thomas)

Citation:
Case No. 11-037, Bankruptcy Appellate Panel of the Tenth Circuit (the “BAP”)
Ruling:
Federal National Mortgage Association (“FNMA”) lacked standing to seek a “comfort order” that the automatic stay had been terminated pursuant to 11 U.S.C. 362(c)(3)(A). Citing In re...
Judge(s):
Thurman, Nugent and Romero
Tag(s):

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