Bankruptcy Appellate Panel

Donnadio, In re--Santander Consumer USA Inc. v. Donnadio

Ruling: 
Court erred in confirming debtors' plan as it did not include a nonstandard plan provision thataddressed a creditor's lien retention. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 25,2019, LexisNexis #0120-023

QDOS, Inc., In re--Hayden v. QDOS, Inc.

Ruling: 
Court erred in dismissing involuntary Chapter 11 petition based on insufficiency in thenumber of petitioning creditors without allowing opportunity for joinder to all creditors.(B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on November 07,2019, LexisNexis #1219-052

Freeman, In re--Freeman v. Nationstar Mortg. LLC

Ruling: 
Bankruptcy court erred in concluding that plan and bankruptcy proceedings did not affect thecreditor's lien because it did not take into account that the secured creditor expresslyconsented to confirmation of the plan and the treatment of its claim. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 29,2019, LexisNexis #1219-067

Francis, In re

Ruling: 
Debtor's discharge was denied where debtor willfully and intentionally refused to obey courtorders. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on September 10,2019, LexisNexis #1119-044

Zito, In re--Zito v. Douglass Enters., LLC

Ruling: 
Award of attorneys' fees and costs on nondischargeable personal guaranty liability waspremature as underlying state court litigation was still pending. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-059

Prather, In re

Ruling: 
Debtor's bankruptcy case was dismissed as debtor's appeal lacks merit and debtor failed todevelop her argument regarding lack of service of the deficiency notice. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 07,2019, LexisNexis #1019-017

Pasley, In re--Pasley v. Keats

Ruling: 
Debtor lacked standing to the order for sale of real estate owned by his LLC. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 06,2019, LexisNexis #1019-008

Washington, In re--Washington v. Real Time Resolution, Inc.

Ruling: 
Judgment reversed where unsecured claim was allowed due to the bankruptcy courtskipping a critical step in determining the status of the claim. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-080

Queen, In re

Ruling: 
Court affirmed the bankruptcy court's order for summary judgment in favor of debtors as theissue was not before the bankruptcy court and afforded no basis for the instant appeal. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on July 19,2019, LexisNexis #0919-033

Harms, In re--Harms v. Bank of N.Y. Mellon

Ruling: 
Relief from stay order permitted lender to pursue unlawful detainer proceedings to recoverpossession of debtor's property. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on July 09,2019, LexisNexis #0919-028

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