Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 2 months ago
Citation:
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling:
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s):
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 3 months ago
Citation:
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and...
BAP No. MB 12-081 (1st Cir. B.A.P. September 11, 2013).
Ruling:
In a brief ruling, the Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of plaintiff on the nondischargeability of its claim under 11...
Bullard v. Hyde Park Savings Bank (In re Bullard), No. 12-054 (B.A.P. 1st Cir. May 24, 2013)
Ruling:
The B.A.P. affirmed the bankruptcy court's order, finding that the Debtor's "hybrid" plan was not confirmable. The plan proposed to modify several of Hyde Park Bank's (the secured creditor) rights...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
13 years 3 weeks ago
Citation:
In re Finney, No. NV-12-1032-DJuKi (9th Cir. B.A.P. Feb. 6, 2013).
Ruling:
Because the chapter 13 debtor received a chapter 7 discharge in a prior case commenced during the four-year period before the current petition date, she was not entitled to a discharge in the...
Judge(s):
BAP Judges Dunn, Jury, and Kirscher; opinion by Judge Dunn.
Anderson v. Cranmer (In re Cranmer) Case No. 12-4002 (10th Cir. Oct. 24, 2012)
Ruling:
Social Security income need not be included in the calculation of projected disposable income for a Chapter 13 repayment plan. Not including Social Security income in the calculation of projected...
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
14 years 6 months ago
Citation:
11-6012 (B.A.P. 8th Cir. August 29, 2011)
Ruling:
Reversed and Remanded. First, section 1322(b)(2) does not bar a Chapter 13 debtor from "stripping off" a wholly unsecured lien on his principal residence. The first step of the analysis is to...
