Bankruptcy Appellate Panel

Escarcega, In re

Ruling: 
Court did not err in finding that debtors' plans violated the good faith provisions as it prohibited the trustee from distributing excess funds. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-053

Anderson, In re--Anderson v. Rainsdon

Ruling: 
Debtors were required to turn over commissions to the trustee because the commissions, although received postpetition, constituted property of the estate. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 11,2017, LexisNexis #1017-046

Curtis, In re--Curtis v. Shpak

Ruling: 
Court ruled that the law did not authorize the removal of the case from a federal court to abankruptcy court. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 18,2017, LexisNexis #0917-090

Trost, In re--Trost v. Trost

Ruling: 
A finding of "no fraud" did not negate collateral estoppel as fraud was not a required elementfor determining nondischargeability. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on June 28,2017, LexisNexis #0817-010

Pace, In re

Ruling: 
Bankruptcy court erred in determining that a judicial lien securing a mortgage deficiency judgment was prohibited from avoidance. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on June 20,2017, LexisNexis #0717-100

Wojciechowski, In re--Wojciechowski v. Wojciechowski

Ruling: 
Bankruptcy court's order confirming debtors' second amended plan affirmed as bankruptcycourt did not abuse its discretion in denying creditor's request for an evidentiary hearing ondebtors' second amended plan. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on June 15,2017, LexisNexis #0717-087

Roberts Broad. Co., In re--Roberts Broad. Co. v. DeWoskin

Ruling: 
Bankruptcy court's order was affirmed as a review of the malpractice claim and evidence showed that abstention was the correct order. (B.A.P. 8th Cir.)
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Commercial case opionion summary, case decided on May 08,2017, LexisNexis #0617-055

Kashikar, In re--Kashikar v. Turnstile Capital Mgmt., LLC

Ruling: 
Debtor's loan was not excepted from discharge as student loan was not an educational benefit. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 28,2017, LexisNexis #0517-132

St. George, In re--McDermott v. St. George

Ruling: 
Order granting additional time for trustee to file a complaint was reversed for trustee's lack of total diligence and failure to prove that debtor failed to cooperate. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 17,2017, LexisNexis #0517-104

Wright, In re

Ruling: 
Bankruptcy court erred by holding that the trustee did not abandon the personal injury claim where no court order preserved the claim as an asset remaining with the trustee prior to the closing of the case. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 17,2017, LexisNexis #0517-101

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