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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Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)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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BancInsure Inc. v. Highland Bank

Citation: 
BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)
Ruling: 
The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under the doctrine of proximate cause, ...
Judge(s): 
Loken, Beam, and Gruender
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Harris v. Bank of America (In re Harris)

Citation: 
Harris v. Bank of America (In re Harris) Case No. 13-60000 (9th Cir. March 9, 2015) (unpublished)
Ruling: 
Debtor-Appellant failed to plausibly allege facts that show he complied with the state law requirements; Debtor-Appellant failed to state with particularity the circumstances constituting alleged fraud; and it was not abuse of discretion for the bankruptcy court to dismiss Debtor-Appellant's ...
Judge(s): 
Murphy, Gould, and Tallman
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