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Topic: Bankruptcy Litigation

Williamson v. Murray (In re Murray)

Citation: 
Williamson v. Murray (In re Murray), 10th Cir. Court Appeals, No. 14-3054 (BAP No. KS-13-034) (BAP) November 18, 2014
Ruling: 
The 10 Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit and the bankruptcy court which rejected a Chapter 7 trustee’s challenge, to a Kansas statute permitting debtors in bankruptcy to exempt ...
Judge(s): 
KELLY, LUCERO, and HARTZ, Circuit Judges
Read on...

Skavysh v. Katsman (In re Katsman)

Citation: 
Skavysh v. Katsman (In re Katsman), No. 13-C-1881 (7th Cir. Sept. 23, 2014)
Ruling: 
The Court of Appeals affirmed the District Court's holding, affirming that a Chapter 7 Debtor is not intitled to a discharge under Section 727(a)(4)(A), even in a "No-Asset" case, when she intentionally omits known creditors for any deceptive purpose.
Judge(s): 
Posner, Rovner and Williams, Circuit Judges.
Read on...

Carter v. First National Bank of Crossett

Citation: 
______ Fed.Appx. ____
Ruling: 
Bank did not willfully violate the automatic stay when it continued a replevin action against a assigned its assets to the debtor. Because the bank did not know, it did not act willfully and the bankruptcy court did not abuse ...
Judge(s): 
Bye, Shepherd, Kelly
Read on...

Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan)

Citation: 
Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan), Nos. 14-6006 & 14-6007 (10th Cir. Nov. 13, 2014)
Ruling: 
The 10th Circuit affirmed the U.S. District Court (W.D. Okla.) decision affirming the bankruptcy court's order limiting the scope of the interpleader relief granted in two interpleader actions. Tenth Circuit agreed that federal interpleader statute, 28 USC 1335, only allowed ...
Judge(s): 
Holmes, Bacharach, McHugh
Read on...

Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
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Choudhuri v. Deutsche Bank (In re Choudhuri)

Citation: 
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling: 
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying confirmation of the Chapter 13 plan was dismissed as a moot issue ...
Judge(s): 
PAPPAS, JURY and KURTZ, Bankruptcy Judges
Read on...

Del Toro Loan Servicing Inc. v.Takowsy (In re Takowsky)

Citation: 
In re Takowsky, No. CC-13-1376-TaSpD (9th Cir. B.A.P. Nov. 12, 2014).
Ruling: 
The bankruptcy court could enter final judgment in a noncore, related action with the parties’ consent. Not-for-publication memorandum.
Judge(s): 
Laura S. Taylor, Randall L. Dunn, and Gary S. Spraker, Bankruptcy Judges. Judge Spraker, Chief Bankruptcy Judge for the District of Alaska, sat by designation.
Read on...

Sui v. Marshack (In re Sui)

Citation: 
Sui v. Marshack (In re Sui), BAP No. CC-13-1572-TaSpD (BAP 9th Cir. Nov. 10, 2014)
Ruling: 
The 9th Circuit BAP vacated and remanded the bankruptcy court's order barring two parties from further filings unless they first obtained consent from the bankruptcy court. The BAP ruled that while a regulatory order regarding further filings by the ...
Judge(s): 
Taylor, Spraker, Dunn
Read on...

Rev Op Group v. Mil Manager LLC (In the Matter of Mortgages Ltd)

Citation: 
Matter of Mortgages Ltd., No. 12-15234 (9th Cir. Nov. 12, 2014).
Ruling: 
Two appeals were dismissed as equitably moot because, among other things, appellants did not seek stays of the appealed orders.
Judge(s): 
J. Clifford Wallace and Jay S. Bybee, Circuit Judges, and Robert W. Gettleman, Senior District Judge for the Northern District of Illinois, sitting by designation
Read on...

Bustos v. Molasky (In re Molasky)

Citation: 
BAP No. NV-14-1109
Ruling: 
9th Circuit BAP affirmed the decision of the bankruptcy court dismissing the complaint of intervening plaintiff Bustos after the complaint of the original plaintiff was dismissed by the court. The BAP found that Bustos was a permissive intervenor and not ...
Judge(s): 
Pappas, Jury, and Houle
Read on...
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