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Most Recent ABI Volo Circuit Court opinion summaries

Volo is a Latin word for speed, more rapidly. The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of editors from around the country will summarize new appellate opinions, posted here at the Volo website. The summary includes the full text of the opinion. ABI Members can also subscribe to an RSS feed to receive summaries as soon as they are posted. Opinions will be summarized within 24 hours.

Volo editor: Scott F. Gautier
Peitzman, Weg, & Kempinsky LLP; Los Angeles, CA

Opinions

Title Decidedsort icon Body
Bullock v. Bankchampaign, N.A. May 13, 2013 Consumer case opinion summary, case decided on May 13th, 2013, LexisNexis #0513-082
Ruling: A finding of nondischargeability of a debt on grounds of fiduciary defalcation requires an intentional wrong in absence of bad faith, moral turpitude or other immoral conduct. Overview: The nonprofessional trustee contended that all of the loans were repaid with interest, and that the trustee was improperly denied the dischargeability of the debt to the trust for the trustee's personal gain based on fiduciary defalcation without...
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In re Harkins May 1, 2013 Consumer case opinion summary, case decided on May 1st, 2013, LexisNexis #0513-095
Ruling: Self-employed debtors could not subtract business expenses from gross receipts in current monthly income calculation. Overview: The issue before the court was whether, for the purpose of calculating current monthly income, self-employed chapter 13 debtors could use a net business income figure arrived at by deducting their ordinary and necessary business expenses. Self-... Court: Southern District of Ohio (Hoffman)
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In re CNC Payroll, Inc. May 1, 2013 Commercial case opinion summary, case decided on May 1st, 2013, LexisNexis #0513-071
Ruling: Letters seeking to employ counsel for the estate seeming to favor trustee's firm were not clear and convincing evidence for trustee's removal. Overview: The debtor declared bankruptcy in April 2012, and in November 2012 the bankruptcy trustee filed an application to employ his law firm to serve as general counsel to the debtor's bankruptcy estate. After the court questioned whether the trustee... Court: Southern District of Texas of Texas (Isgur)
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In re Boyd May 1, 2013 Consumer case opinion summary, case decided on May 1st, 2013, LexisNexis #0513-080
Ruling: Attorneys' fees of over secured mortgage holder reduced to the extent representing duplicative services. Overview: The holder asserted that its counsel charged fixed fees for filing the holder's proof of claim and an objection to confirmation of the debtors' plan, but the debtors contended that the fees were excessive and that objecting to plan confirmation was... Court: Southern District of Texas (Paul)
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