Bankruptcy Appellate Panel

McCormick, In re

Ruling: 
Creditors' email seeking information from debtor was not a violation of the automatic stay. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-076

Bell, In re

Ruling: 
Bankruptcy court did not err in applying issue preclusion to district court's fraud judgment,resulting in its determination that the debt owed to the judgment creditor was nondischargeable.(B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-075

De Jesus Gomez, In re--Aldana v. Stadtmueller

Ruling: 
Debtor could not claim an exemption in the vehicle under § 522(g)(1)(A) as the trustee avoidedthe voluntary transfer. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 25,2018, LexisNexis #0119-009

Page, In re--Page v. JP Morgan Chase Bank

Ruling: 
Judgment reversed as bankruptcy court's broad construction of the term "funded" wasinconsistent with Congress' intent that exceptions to discharge be narrowly construed. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-015

Lane, In re--Bank of New York Mellon v. Lane

Ruling: 
Court reversed judgment voiding creditor's first-position lien where the lien remained against the property notwithstanding the final determination that the creditor could not enforce it. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-039

U.S. Tommy, Inc., In re

Ruling: 
Motion for a stay pending appeal was denied as debtor failed to demonstrate abuse of discretion in court's dismissal of bankruptcy case. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on June 05,2018, LexisNexis #1018-060

Caesars Entm't Operating Co., In re--Moti Partners, LLC v. Desert Palace, Inc.

Ruling: 
Remand order that was based on the grounds set forth in 28 U.S.C. § 1447(c) was not reviewable even if the claims at issue were removed. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on August 20,2018, LexisNexis #1018-059

Kemp, In re--Kemp v. United States Dep't of Educ.

Ruling: 
Debtor was not eligible to have her student loan discharged where court determined thatdebtor's financial difficulties were the result of choices she has made and are not long term.(B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-015

Cates, In re--Walters v. Cates

Ruling: 
Section 547(e)(3) did not change the deemed transfer date even though the deed of trust waslater recorded at a time when a family trust held record title to the property, because the debtorhad rights in the property on the date she granted the deed of trust. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on March 04,2013, LexisNexis #1018-020

Kemp, In re--Kemp v. United States Dep't of Educ.

Ruling: 
Debtor was not eligible to have her student loan discharged where court determined thatdebtor's financial difficulties were the result of choices she has made and are not long term.(B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-015

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