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Sikirica v. Wettach (In re Wettach)

Citation: 
Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)
Ruling: 
The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter 7 Trustee the burden of persuasion to show as constructively fraudulent ...
Judge(s): 
Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)
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Miller v. State of Utah, et al.

Citation: 
Miller v. State of Utah, et al., No. 14-4155 (10th Cir. Jan. 12, 2016)
Ruling: 
Tenth Circuit affirmed ruling of District Court (D. Utah) granting summary judgment in favor of governmental defendants based on sovereign immunity. Tenth Circuit agreed that claims for damages against the State of Utah, the Utah Division of Oil, Gas, and ...
Judge(s): 
Lucero, Gorsuch, McHugh
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Juett v. Casciano (In re Casciano)

Citation: 
No. 15-8013 (6th Cir. BAP Jan. 11, 2016)
Ruling: 
Reversed decision of Bankruptcy Court for the W.D. Mich. that plaintiff failed to establish that his debt (based on Debtor's action in punching plaintiff in face) was nondischargeable under 11 USC sec.523(a)(6), and remanded for further proceedings.
Judge(s): 
Delk, Humphrey and Lloyd, Bankruptcy Appellate Panel judges
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Fear v. U.S. Trustee (In re Ruiz)

Citation: 
9th Cir. BAP No. EC-15-1133-DJuF (Dec. 11, 2015) (published)
Ruling: 
Chapter 7 trustee compensation exceeding distributions to unsecured creditors is not per se an "extraordinary circumstance" that justifies disallowance of the trustee's full "commission" under Section 326. The case was remanded for further findings.
Judge(s): 
DUNN, JURY, and FARIS
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James, Sr. v. Guidry (In re Guidry)

Citation: 
James v. Guidry (In re Guidry), BAP No. CC-14-1531-TaKuKi, 2015 WL 8483726 (B.A.P. 9th Cir. Dec. 9, 2015)
Ruling: 
Reversing the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the Bankruptcy Court (1) erred in finding that a bankruptcy petition preparer violated section 110(b) and (c) of the Bankruptcy Code and (2) abused its discretion ...
Judge(s): 
Taylor, Kurtz, and Kirscher, Bankruptcy Judges
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