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Meet the Academy
Public Articles
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Home
About
Meet the Academy
Public Articles
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Meet the Academy
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October 2012 – COTD
Akers v. Mattei (In re Dugger), No. SC-11-1052, 2012 WL 2086562, at *7–*9 (B.A.P. 9th Cir. June 8, 2012) (Pappas, Markell, Case)
October 31, 2012
Two-year limitation in § 546(a) bars Chapter 7 trustee’s avoidance action after conversion from Chapter 13 when Chapter 7 trustee...
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In re Williams, No. 11-15920-RGM, 2012 WL 1556532, at *3 (Bankr. E.D. Va. May 1, 2012) (Mayer)
October 30, 2012
Plan lacked good faith that did not “purge the taint” of purchase of luxury car five days before petition. On...
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In re Capote, No. 11-22087-BKC-LMI, 2012 WL 1597375 (Bankr. S.D. Fla. May 7, 2012) (Isicoff)
October 29, 2012
Citing Waag v. Permann (In re Waag), 418 B.R. 373 (B.A.P. 9th Cir. Oct. 14, 2009) (Montali, Jury, Rimel), stay...
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In re Cunningham, No. 11-32684, 2012 WL 1604686 (Bankr. W.D.N.C. May 8, 2012) (Beyer)
October 26, 2012
When original purchase and financing was outside 910-day period in hanging paragraph, refinancing with same lender and same car within...
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Mattson v. Howe (In re Mattson), 468 B.R. 361, 367–73 (B.A.P. 9th Cir. 2012) (Jury, Hollowell, Kirscher)
October 25, 2012
When debtors’ income increased shortly after confirmation, plan can be modified to increase the monthly payment, but debtors failed to...
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U.S. Bank, N.A. v. Vu (In re Vu), Nos. CC-10-1332-PaDKi, LA 10-17213 AA, 2012 WL 1521635, at *8–*9 (B.A.P. 9th Cir. May 1, 2012) (Pappas, Dunn, Kirscher)
October 24, 2012
Mortgagee’s challenge to “best practices” addendum to Central District of California Chapter 13 plan was rejected in large part by...
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Thomas v. Federal Nat’l Mortg. Ass’n (In re Thomas), 469 B.R. 915, 923 (B.A.P. 10th Cir. 2012) (Thurman, Nugent, Romero)
October 23, 2012
Order confirming that stay had expired pursuant to § 362(c)(3) and (j) is reversed and remanded for bankruptcy court to...
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Meyer v. Lepe (In re Lepe), 470 B.R. 851, 856–62 (B.A.P. 9th Cir. 2012) (Pappas, Dunn, Markell)
October 22, 2012
Not bad faith that plan strips wholly unsecured junior lien and pays at least 17.5% of resulting unsecured claims. Debtor...
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In re Grabarczyk, No. 10-37007, 2012 WL 909511, at *6–*8 (Bankr. N.D. Ohio Mar. 14, 2012) (Whipple)
October 3, 2012
“Unsecured creditors” in § 1325(b)(1)(B) means nonpriority unsecureds. “A literal interpretation of the statute would thus permit Debtors to use...
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In re Carr, No. 06-11472-RGM, 2012 WL 930337, at *1–*3 (Bankr. E.D. Va. Mar. 19, 2012) (Mayer)
October 2, 2012
Creditor not entitled to additional attorney fee of $150 for preparation of response to Chapter 13 trustee’s Notice of Final...
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