Bankruptcy Appellate Panel

Steiner, In re--Steiner v. Wilmington Sav. Fund Soc’y, FSB

Ruling: 
Chapter 13 debtors' cases were dismissed for bad faith where they filed multiple bankruptcycases as part of a long-running scheme to manipulate and abuse the Bankruptcy Code. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on March 23,2020, LexisNexis #0520-046

Lionetti, In re--Lionetti v. Law Offices of Steven H. Marcus

Ruling: 
Denial of award of attorney's fees was reversed as the bankruptcy court erred in its applicationof the "substantially justified" standard where there was no specific evidence of fraudulentintent before the court. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0520-038

Orlandi, In re

Ruling: 
Filing of a state court action based on debtor's pre-petition personal guaranty violated thedischarge injunction as the personal guaranty was a contingent debt that was discharged inbankruptcy. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on February 28,2020, LexisNexis #0420-041

Liu, In re--Jue v. Liu

Ruling: 
Appeal of the denial of motion to dismiss Chapter 7 case dismissed as untimely. (B.A.P. 9thCir.)
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Consumer case opionion summary, case decided on February 11,2020, LexisNexis #0320-076

Benitez, In re

Ruling: 
Court properly dismissed debtor's Chapter 13 case as void as filing the case violated theautomatic stay in his Chapter 7 case. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 04,2020, LexisNexis #0320-053

Dan Mazzola, Inc., In re--Rockne's Inc. v. Dan Mazzola, Inc.

Ruling: 
Court properly denied motion to dismiss the case as the franchise agreement had not beensuccessfully terminated pre-petition. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-003

Vertullo, In re--U.S. Bank N.A. v. Vertullo

Ruling: 
Plan including debtor's expired right to cure pre-petition default could not be confirmed.(B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-072

Black, In re--Black v. Leavitt

Ruling: 
Bankruptcy court erred in confirming modified plan requiring debtor to turn over to trusteeany excess in sale proceeds specified in the original plan. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 31,2019, LexisNexis #0220-048

Perez, In re

Ruling: 
Debtor's discharge was denied as he intentionally failed to disclose assets and income to avoidcollection of the judgment against him. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 30,2019, LexisNexis #0220-018

Sawyers, In re--David G. Waltrip, LLC v. Sawyers

Ruling: 
Creditor's judicial lien was avoided to the extent it impaired exemptions based on the propertyvalue as of the petition date. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on December 19,2019, LexisNexis #0220-007

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