Bankruptcy Appellate Panel

In re Four Wells Ltd.

Ruling: 
Dismissal reversed given lack of evidence of bad faith or other factors relied on by the bankruptcy court.
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Commercial case opionion summary, case decided on April 12,2016, LexisNexis #0516-095

Emmert v. Taggart (In re Taggart)

Ruling: 
Contempt order and sanctions against creditor for willfully violating the discharge injunction reversed.
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Consumer case opionion summary, case decided on April 12,2016, LexisNexis #0516-089

Arnot v. Endresen (In re Endresen)

Ruling: 
Bankruptcy court misapplied the equity exception under § 552(b)(1) by not awarding settlement funds to non-appearing lender.
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Consumer case opionion summary, case decided on April 08,2016, LexisNexis #0516-027

Wells Fargo Bank N.A. v. Beltway One Dev. Grp. LLC (In re Beltway One Dev. Grp. LLC)

Ruling: 
Bankruptcy court erred in denying interest on creditor's claim that accrued postpetition, at the default rate the debtor LLC agreed to pay.
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Commercial case opionion summary, case decided on March 31,2016, LexisNexis #0416-134

Gaft v. Sheidler (In re Sheidler)

Ruling: 
Tortious conduct of builder who was not debtor's agent could not be attributed to debtor developers in order to establish nondischargeability of resulting debt.
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Commercial case opionion summary, case decided on March 28,2016, LexisNexis #0416-078

ORorke v. Porcaro (In re Porcaro)

Ruling: 
Debtor could proceed with appeal of judgment that debt was nondischargeable in forma pauperis.
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Consumer case opionion summary, case decided on March 21,2016, LexisNexis #0416-066

Lerner Master Fund LLC v. Paige (In re Paige)

Ruling: 
Denial of discharge denied absent evidence of fraudulent transfers and where debtors had made adequate records available.
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Consumer case opionion summary, case decided on March 11,2016, LexisNexis #0416-025

Ahmad v. Roberts (In re Ahmad)

Ruling: 
Bankruptcy appellate panel lacked authority to rule on applications to proceed in forma pauperis.
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Consumer case opionion summary, case decided on March 08,2016, LexisNexis #0416-067

Lane v. Barney (In re Lane)

Ruling: 
Bankruptcy court did not err in imposing sanctions against debtor for placing lis pendens on property, impeding sale of the property by trustee.
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Consumer case opionion summary, case decided on March 07,2016, LexisNexis #0316-118

Hoover v. Jones (In re Jones)

Ruling: 
Bankruptcy court abused its discretion in sanctioning creditor's counsel for filing motion for stay relief and adversary proceeding.
ABI Membership is required to access the full summary of Hoover v. Jones (In re Jones). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 03,2016, LexisNexis #0316-140

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