Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 6 months ago
Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 6 months ago
Citation:
Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)
Ruling:
Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to...
Judge(s):
Schermer, Saladino and Shodden (Bankruptcy Judges)
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 7 months ago
Citation:
Tetzlaff v. Edud. Credit Mgmt. Corp., Case No 14-3702 (7th Cir. July 22, 2015)
Ruling:
Debtor was not entitled to an undue hardship discharge of student loan debt under 11 U.S.C. section 523(a)(8) because he did not meet either the "additional circumstances" or "good faith" prongs of...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 7 months ago
Citation:
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling:
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 12 months ago
Citation:
___ F.3d ___, Case No. 14-1016 (4th Cir. Mar. 3, 2015)
Ruling:
Dismissal of class action lawsuit filed by chapter 13 debtors against debt collectors for violation of the Federal Debt Collections Practices Act for filing proofs of claim without a Maryland debt...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
11 years 2 months ago
Citation:
Alexandria Consulting Group, LLC v. Alexandria Surveys, LLC, Case No. 13-2393 (4th Cir. December 30, 2014) (unpublished) (per curiam).
Ruling:
Potential purchaser of assets of debtor who was not otherwise involved in case or a creditor of the debtor prior to the case closing was not a party in interest and, therefore, lacked standing to...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
11 years 9 months ago
Citation:
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling:
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
12 years 2 months ago
Citation:
Jaffe v. Samsung Electronics Co., Ltd., et al., Case No. 12-1802 (4th Cir. Dec. 3, 2013)
Ruling:
The bankruptcy court properly recognized that in considerting a request for discretionary relief under section 1521(a), the court must also apply the balancing test set forth in section 1522(a). ...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
12 years 3 months ago
Citation:
Carroll v. Logan, ___ F.3d ___, Case No. 13-1024 (4th Cir. October 28, 2013).
Ruling:
The Fourth Circuit adopted the majority view that section 1306 modifies the section 541 time period in Chapter 13 cases. Accordingly, a Chapter 13 bankruptcy estate consists of (i) property...
The bankruptcy court and district court properly applied the relevant Robbins factors and provided a reasoned basis for finding that each factor had been met, and therefore did not abuse its...
Judge(s):
Shedd and Duncan, Circuit Judges, and Osteen (M.D.N.C.) sitting by designation.
