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Topic: Bankruptcy Litigation

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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Smith v. SIPI, LLC, et al. (In re Smith)

Citation: 
Smith v. SIPI, LLC (In re Smith), No. 1:13-cv-06422 (7th Cir. Jan. 20, 2016)
Ruling: 
A tax sale lawfully conducted according to Illinois's interest rate auction system does not necessarily establish a transfer for reasonably equivalent value within the meaning of 11 U.S.C. 548(a)(1)(B). Here, the 7th Circuit found that the debtors' residence was ...
Judge(s): 
Bauer, Williams, and Hamilton
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Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively, “Franklin”) and affirmed the bankruptcy court's order confirming City of Stockton, California’s (“City”) first amended ...
Judge(s): 
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
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Nealon v. Matthews

Citation: 
Christian Nealon v. Theresa Mathews (In re Christian Nealon) BAP NO. MW 15-035, --BR—(1st. Cir. BAP. January 20, 2016)
Ruling: 
On a decision not for publication the BAP reversed the Bankruptcy Court’s order sustaining the objection to the homestead exemption since the Bankruptcy Court’s focus should have been on the family’s actual use of the property at the time of ...
Judge(s): 
Deasy, Harwood, and Cary.
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Krueger v. Torres (In re Krueger)

Citation: 
No. 14-11355, fifth Circuit Court of Appeals
Ruling: 
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant to 11 U.S.C. § 707(a) as his bad faith constituted “cause” for dismissal.
Judge(s): 
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
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Zarate v. Umpqua Bank (In re Zarate)

Citation: 
9th Cir. BAP No. EC-14-1371-FDJu (Dec. 9, 2015) (unpublished)
Ruling: 
Bankruptcy court properly approved a compromise between Chapter 7 Trustee and Bank relating to the Debtor's fraud claims against Bank which had foreclosed on the Debtor's commercial property.
Judge(s): 
FARIS, DUNN, and JURY
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Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC

Citation: 
Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC - BAP No. PR 15-022
Ruling: 
Grant of summary judgment to defendant reversed, vacated to the extent that cross-motion for summary judgment was denied and amended cross-motion stricken, and matter remanded for further proceedings in accordance with the opinion.
Judge(s): 
Feeney (author), Deasey and Cary.
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Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.)

Citation: 
Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.), BAP No. PR 15-024, slip op. (B.A.P. 1st Cir. Jan. 19, 2016).
Ruling: 
In a decision not for publication, the BAP reversed the bankruptcy court's order granting Defendant Santa Rosa Mall, LLC's motion for summary judgment on the Trustee's preference claim based upon an ordinary course of business defense and remanded the matter ...
Judge(s): 
Feeney, Deasy, Cary
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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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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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