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Jepson v. Bank of N.Y. Mellon

Mar
22
2016
Ruling
Relief from stay properly granted where debtor was not a third-party beneficiary under a pooling and service agreement cited as basis for challenge.
Issue(s)
Did debtor's who was not a third-party beneficiary of a pooling and service agreement have standing to bring claims based on noncompliance the agreement?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 22, 2016 , LexisNexis #0416-041
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Drummond v. Welsh (In re Welsh)

Mar
25
2013
Ruling
Plan complying with BAPCPA disposable income calculation and properly precluding Social Security income could not be found to be proposed in bad faith.
Procedural posture

Trustee objected to debtors' proposed chapter 13 plan, claiming that the plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3). The bankruptcy court overruled the objection, and the Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 25, 2013 , LexisNexis #0413-100
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