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APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

Citation: 
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling: 
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could not have relied on the order authorizing its employment regarding ...
Judge(s): 
JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.
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Pierce v. Collection Associates, Inc. (In re Pierce)

Citation: 
No. 14-1365 (8th Cir. B.A.P. Mar. 9, 2015).
Ruling: 
Transfers sought to be avoided by the debtors as preferential totaled less than $600 in the aggregate, and were therefore subject to the § 547(c)(8) defense for consumer payments. Affirmed.
Judge(s): 
Colloton, Bright, and Shepherd.
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Frealy v. Reynolds

Citation: 
Frealy v. Reynolds, No. 12-60068 (9th Cir. Mar. 9, 2015).
Ruling: 
The Ninth Circuit has asked the California Supreme Court whether Probate Code § 15306.5 imposes an absolute cap of 25% on a bankruptcy estate’s access to a debtor-beneficiary’s interest in a spendthrift trust.
Judge(s): 
Alex Kozinski and Susan P. Graber, Circuit Judges, and Charles R. Breyer, Senior District Judge for the Northern District of California, sitting by designation.
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Listecki v. Official Committee of Unsecured Creditors

Citation: 
Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling: 
The Religious Freedom Restoration Act (“RFRA”) does not apply to cases where the “government,” as defined in RFRA, is not a party. Also, even where the Free Exercise Clause of the First Amendment is applicable, it does not preclude ...
Judge(s): 
Flaum, Williams
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SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

Citation: 
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling: 
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate method for valuation of debtor and findings regarding ...
Judge(s): 
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
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