Home » 11 U.S.C § 554

Paige Martineau v. Joel Wier

  • Summarized by Eric Connon , U.S. Bankruptcy Court, Middle District of North Carolina
  • 4 years 8 months ago
Citation:
18-2294 (4th Circuit, Aug 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
4th Circuit remanded district court’s (D.S.C.) ruling that plaintiff’s claims were barred by lack of standing and judicial estoppel. Article III standing established by distinct injury suffered...
Judge(s):
Harris, Niemeyer, Hollander
Tag(s):

Rebein v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 4 months ago
Citation:
15-3190 (10th Circuit, Dec 06,2016) Published
Case Status:
Affirmed
Ruling:

Since fraudulent transfer statutes are for the protection of unsecured creditors, courts measure the value received in terms of the effect on those creditors and value encompasses more than just...

Judge(s):
Hartz, Bacharach, McHugh (Hartz)
Tag(s):

Cottle v. AZ Corp. Commission (In re Cottle)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 6 months ago
Citation:
BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Judge(s):
Jury, Faris, Lafferty
Tag(s):

Failla v. Citibank, N.A. (In re Failla)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 7 years 6 months ago
Citation:
Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)
Ruling:
The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...
Judge(s):
Marcus, Pryor, and Lawson (District Court Judge)
Tag(s):

Brumfiel v. Lewis (In re Brumfiel)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 6 months ago
Citation:
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling:
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims...
Judge(s):
Karlin, Cornish, Michael (Karlin)
Tag(s):

Brumfiel v. U.S. Bank, et al.

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 8 years 9 months ago
Citation:
Case No. 14-1421, United States Court of Appeals for the 10th Circuit
Ruling:
Dismissal affirmed. Applying de novo review, the 10th Circuit concluded that Debtor's claims for injunctive relief were moot because Bank was no longer pursuing its non-judicial Rule 120 procedure,...
Judge(s):
Matheson, Bacharach, and Moritz, Circuit Judges.
Tag(s):

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