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In re Robinson

Citation: 
14-3585
Ruling: 
The Court of Appeals affirmed the District Court's reversal of the Bankruptcy Court's refusal to sanction the Debtor's exemption; concluding that the plain language of the Illinois personal property exemption statute allowed the exemption for the Debtor's Book of Mormon.
Judge(s): 
Wood, Easterbrook, and Ripple
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Garner v. Knoll, Inc. (In re Tusa-Expo Holdings, Inc.)

Citation: 
Fifth Circuit;No. 15-10274
Ruling: 
Trustee in preference litigation failed to satisfy the "source" aspect of the El Paso Refining case from the Fifth Circuit and thus did not establish the requirement of Section 547 (b)(5) so that the transfers in question were not preferences ...
Judge(s): 
Smith, Wiener and Graves
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CRP Holdings, A-1, LLC v. O'Sullivan (In re O'Sullivan)

Citation: 
No. 15-6020 (8th Cir. B.A.P. Jan. 19, 2016).
Ruling: 
BAP affirmed bankruptcy court's finding that 522(f)(1) permits a debtor to avoid any judicial lien, including inchoate and unenforceable lien, that "fixes" upon exempt property.
Judge(s): 
Kressel, Schermer, and Nail.
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Zachary, et al. v. California Bank & Trust

Citation: 
Ninth Circuit Court of Appeals - No. 13-16402
Ruling: 
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
Judge(s): 
Hurwitz, Paez, Murguia
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Elliott v. Weil (In re Elliott)

Citation: 
no official cite as of yet
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision to deny the debtor's claim for homestead exemption pursuant to s. 522(g)(1) and rejected the Debtor's position that California exemption laws apply.
Judge(s): 
BAP judges DUNN and KIRSCHER AND bankruptcy judge GAN (sitting by designation); appeal from a decision rendered by Judge Victoria Kaufman.
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