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 member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

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
Read on...

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
Read on...

Tripodi, Jr. v. Welch, et al.

Citation: 
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling: 
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be non-dischargeable under 11 U.S.C. § 523(a)(19).
Judge(s): 
Kelly, McKay, Phillips (Kelly)
Read on...

Leslie Gladstone v. U.S. Bancorp

Citation: 
Gladstone v. U.S. Bancorp, No. 13-55773 (9th Cir. Jan. 8, 2016).
Ruling: 
A trustee may seek to avoid as fraudulent the debtor’s prepetition sale of a term life-insurance policy.
Judge(s): 
Sidney R. Thomas, Chief Judge, Consuelo M. Callahan, Circuit Judge, and James K. Singleton, Senior District Judge for the U.S. District Court for the District of Alaska, sitting by designation. Opinion by Chief Judge Thomas.
Read on...

Conway v. National Collegiate Trust, et al. (In re Conway)

Citation: 
No. 15-6029 (8th Cir. B.A.P. Dec. 21, 2015).
Ruling: 
Bankruptcy court did not abuse its discretion in concluding that some, but not all, of a debtor’s student loans were nondischargeable. Affirmed.
Judge(s): 
Kressel, Saladino, and Shodeen.
Read on...
Syndicate content