Bankruptcy Appellate Panel

Lawrence Athletic Club v. Scroggin (In re Scroggin)

Appellant creditor sought review of a judgment of the Bankruptcy Court for the District of Kansas, which awarded appellee debtor damages, attorney fees, and sanctions resulting from the creditor's willful violation of the automatic stay under 11 U.S.C. § 362(h). The debtor filed a motion to dismiss the appeal as moot.
Ruling: 
Bankruptcy court properly held that creditor's failure to take affirmative action to stop wage garnishment violated stay.
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Lindquist v. Household Indus. Fin. Co. (In re Vondall)

Appellant creditor sought review of a decision of the Bankruptcy Court for the District of Minnesota, which granted summary judgment in favor of appellee chapter 7 trustee. The trustee obtained avoidance of the creditor's purported mortgage on the debtors'homestead, pursuant to 11 U.S.C. § 544.
Ruling: 
Trustee properly allowed to avoid defective mortgage as bona fide purchaser.
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Alexander v. Hardeman

Chapter 13 debtor appealed a decision of the Bankruptcy Court for the Western District of Oklahoma, which denied confirmation of debtor's plan under 11 U.S.C. § 1325(a)(3) and dismissed the case under 11 U.S.C. § 1307(c).
Ruling: 
Bankruptcy court did not err in denying confirmation and dismissing case for bad faith due to debtor's failure to list all assets.
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Telluride Asset Resolution LLC v. Telluride Global Dev. LLC (In re Telluride Income Growth LP)

The Bankruptcy Court for the District of Colorado held in Order 1, that an adversary proceeding was properly dismissed and abstained from ruling on a motion to lift a preliminary injunction. In Order 2, it remanded equitable contract breach claims to a state court where similar claims pended. Appellants (entity 1 and entity 2), who had purchased, both pre- and postpetition, various interests in debtor's property, challenged the orders.
Ruling: 
Bankruptcy court properly exercised permissive abstention in declining to rule on whether to lift existing state court injunction against involuntary debtor.
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Capital One Auto Fin v. Osborn (In re Osborn)

Plaintiff creditor appealed a decision of the Bankruptcy Court for the Western District of Missouri, which confirmed defendant debtors' chapter 13 plan and allowed the creditor's claim as fully secured.
Ruling: 
Secured creditor was not entitled to deficiency claim where debtor surrendered vehicle in full satisfaction of claim.
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Kibbe v. Sumski (In re Kibbe)

Appellant debtor challenged an order of the Bankruptcy Court for the District of New Hampshire denying confirmation of her chapter 13 plan. Appellee was the chapter 13 trustee.
Ruling: 
Bankruptcy court properly calculated "projected disposable income" in rejecting debtor's plan.
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Rinehart v. Sharp (In re Sharp)

Appellants sought review of an order of the Bankruptcy Court for the Western District of Oklahoma, which determined that appellee debtor qualified as a farmer as defined under 11 U.S.C. § 101(20) and that the debtor was therefore exempt from involuntary proceedings.
Ruling: 
Debtor that earned virtually all income from cattle farming properly ruled an eligible debtor under chapter 12.
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Condon v. Brady (In re Condon)

Appellant debtor challenged the Bankruptcy Court for the Southern District of Ohio's denial of his motion to convert his chapter 7 case to chapter 13. The bankruptcy court found that his motion to convert was filed in bad faith. Appellees were representatives of a certified class of persons who sued debtor for tortious conduct in the District Court for the Southern District of Ohio.
Ruling: 
Denial of motion to convert to chapter 13 vacated due to misapplication of good faith standard.
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Kendall v. Lynch (In re Lynch)

Appellant, a chapter 7 trustee, sought review of an order of the Bankruptcy Court for the Northern District of California, which compelled the trustee to abandon the residence owned by appellee debtors. The debtors had originally filed a chapter 13 plan, which had been converted to a chapter 7 proceeding post-confirmation.
Ruling: 
Bankruptcy court erred in requiring trustee to rely on debtor's original chapter 13 valuation and abandon property when valuation should have been determined upon conversion to chapter 7.
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Jumpp v. Chase Home Fin. LLC (In re Jumpp)

Chapter 13 debtor appealed a decision of the Bankruptcy Court for the District of Massachusetts, which denied debtor's motion for a determination and declaratory judgment as to the continuation and existence of the automatic stay, 11 U.S.C. § 362, and a motion to reimpose the stay.
Ruling: 
Stay in debtor's second chapter 13 case in one year did not terminate after 30 days with respect to property of the estate.
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