Bankruptcy Appellate Panel

In re--Milk Industry Regulatory Office of the Commonwealth of P.R. v. Rosa Dairy Farm, Inc.

Ruling: 
Court granted an oversecured creditor's application for attorneys' fees with a reduction onreasonableness grounds. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on December 04,2020, LexisNexis #0121-058

DeVries, In re--Iowa Dep't of Revenue v. DeVries

Ruling: 
Bankruptcy court erred in holding that Chapter 12 plan to could compel a taxing authority todisgorge pre-petition withholdings. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on November 25,2020, LexisNexis #0121-043

Thomas, In re--Thomas v. Office of the Tenn. AG

Ruling: 
Bankruptcy court did not abuse its discretion in denying debtor's sanctions motion onprocedural grounds because the motion was not properly served, and the motion lacked therequired specificity. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 23,2020, LexisNexis #0121-050

Brooks, In re--Brooks v. First Central Bank McCook

Ruling: 
Creditor was entitled to relief from the automatic stay as the debtor failed to make a fullpayments on his agreed-upon payments. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on January 15,2020, LexisNexis #0121-027

Nelson v. Wells Fargo Bank, N.A.

Ruling: 
Bankruptcy court properly granted the lender's motion for relief from stay to foreclose themortgage because debtor's objections were barred by collateral estoppel. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-082

Care Facility, Inc.)

Ruling: 
Bankruptcy court abused its discretion in withholding its approval of the law firm forcreditors committee as the court erred by imposing unauthorized "disinterested person"requirement. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-095

Twiford Enters., In re--Twiford Enters. v. Rolling Hills Bank & Trust

Ruling: 
Bankruptcy court did not err in awarding post-judgment interest to creditor bank. (B.A.P.10th Cir.)
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Commercial case opionion summary, case decided on October 15,2020, LexisNexis #1220-008

Sienega, In re--Sienega v. Cal. Franchise Tax Bd.

Ruling: 
Chapter 7 debtor's tax debts were nondischargeable where he did not file "formal" state taxreturns and faxes sent to the State Franchise Tax Board were not signed and did not state thatthey were submitted under penalty of perjury. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 05,2020, LexisNexis #1120-85

Smith, In re

Ruling: 
Debtor was not entitled to stay pending appeal where any harm to debtor was offset by thepublic's interest in not allowing debtor to continue abusing the judicial process. (B.A.P. 6thCir.)
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Consumer case opionion summary, case decided on October 08,2020, LexisNexis #1120-100

Berkovich, In re--Berkovich v. Cal. Franchise Tax Bd.

Ruling: 
Bankruptcy court properly granted summary judgment in favor of the California FranchiseTax Board, finding that debtor's state tax debts for the relevant tax years were excepted fromdischarge. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 05,2020, LexisNexis #1120-84

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