Aspen Skiing Co. v. Cherrett (In re Cherrett)

• Summarized by Emil Khatchatourian , Foley & Lardner LLP
• 8 years 6 months ago

Citation:

Aspen Skiing Co. v. Cherrett (In re Cherrett), BAP No. CC-14-1056-DKiTa (B.A.P. 9th Cir. Nov. 7, 2014)

Ruling:

AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit determined that (1) the order denying the section 707(b) motion to dismiss was a final order that could be...

Judge(s):

DUNN, KIRSCHER, and TAYLOR

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Rule 1017
• § 101
• § 707

Abonal v. U.S.A. Trustee (In re Jackson, Jr.)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 8 years 7 months ago

Citation:

Abonal v. U.S.A. Trustee (In re Jackson, Jr.), 9th Cir. B.A.P, CC-14-1091-DKiTa ( November 3, 2014) [Not for Publication]

Ruling:

In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court, sanctioning appellant, Moses Abonal, Moses F. Abonal and his business, Abonal...

Judge(s):

DUNN, KIRSCHER AND TAYLOR, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Ethics
• Practice and Procedure
• Professional Compensation/Fees
• § 101
• § 341
• § 110

Susquehanna Bank v. USA/IRS (In re Restivo Auto Body)

• Summarized by Ann Brogan , Davey | Brogan, PC
• 8 years 7 months ago

Citation:

Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)

Ruling:

The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust...

Judge(s):

Before Circuit Judges NIEMEYER, WYNN, and FLOYD.

Tag(s):

• 4th Circuit
• Bankruptcy Litigation
• Finance and Banking
• Real Estate
• Uniform Commercial Code/Article 9
• Rule 7001
• § 101

Hussain v. Malik (In re Hussain)

• Summarized by Emil Khatchatourian , Foley & Lardner LLP
• 9 years 1 month ago

Citation:

BAP No. CC-13-1465-TaDKi (B.A.P. 9th Cir. Apr. 15, 2014)

Ruling:

Affirming the bankruptcy court, the Bankruptcy Panel of the Ninth Circuit held that the bankruptcy court did not commit error in denying the debtor's discharge under section 727(a)(3) of the...

Judge(s):

TAYLOR, DUNN, and KIRSCHER

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• § 101
• § 727

Bendetti v. Gunness (In re Gunness)

• Summarized by Mark Hudson , Schian Walker, PLC
• 9 years 4 months ago

Citation:

cc-13-1099-KuBaPa

Ruling:

Affirmed bankruptcy court ruling that granted summary judgment to the debtor; ruling that attorney's fees owed jointly and severally by the debtor and her husband to the husband's ex-wife and the...

Judge(s):

Kurtz, Ballinger, Pappas

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Discharge/Dischargeability
• Family/Divorce Issues
• Claims
• Bankruptcy Litigation
• § 101
• § 523

Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet)

• Summarized by Robert Yan , Otterbourg P.C.
• 9 years 5 months ago

Citation:

Docket No. 13-612 (2d Cir. Dec. 11, 2013)

Ruling:

VACATING bankruptcy court’s order and REMANDING for further proceedings, the Court of Appeals for the Second Circuit held that 11 U.S.C. § 109(a) applies to the debtor in a foreign main...

Judge(s):

Jacobs, Straub (Circuit Judges), and Kuntz (District Judge sitting by designation)

Tag(s):

• 2nd Circuit
• International Insolvency
• Venue/Jurisdiction
• § 101
• § 1502
• § 103
• § 1517
• § 109

Taylor v. Taylor (In re Eloisa Maria Taylor)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 5 months ago

Citation:

Taylor v. Taylor (In re Taylor), Case Nos. 12-2163 & 12-2167 (B.A.P. 10th Cir. December 9, 2013) (published)

Ruling:

§ 523(a)(5) requires that the party seeking to have a debt declared non-dischargeable prove that the debt is in the nature of support to that party and it is the substance of the agreement that...

Judge(s):

Briscoe, Seymour, Lucero (Briscoe)

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• § 101
• § 523

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Company (In re Ute Mesa Lot 1, LLC)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 9 years 6 months ago

Citation:

No. 12-1134 (10th Cir. Nov. 25, 2013)

Ruling:

The filing of a notice of lis pendens against real property in Colorado is not a preferential “transfer of an interest in property” within the meaning of § 547(b). In affirming the bankruptcy...

Judge(s):

Kelly, Lucero, and Matheson, Circuit Judges.

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Preferences
• Real Estate
• 547
• § 101

Kulakowski v. Walton (In re Kulakowski)

• Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
• 9 years 6 months ago

Citation:

Kulakowski v. Walton (In re Kulakowski), Case No. 12-15294 (11th Cir. Nov. 15, 2013) (published).

Ruling:

Bankruptcy court, in appropriate circumstances, can consider the entirety of a non-filing spouse's income in its totality of the circumstances analysis under 11 U.S.C. Section 707(b)(3)(B).

Judge(s):

Jordan, Dubina, and Baldock

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• § 101
• § 707

McCarthy v. Brevik Law (In re McCarthy)

• Summarized by Omid Moezzi ,
• 9 years 7 months ago

Citation:

8th Cir. BAP (October 28, 2013) - Case No. 13-6042

Ruling:

REMAND by the BAP to the bankruptcy court for dismissal of the adversary proceeding for further proceedings consistent with the BAP opinion.

Judge(s):

Federman, Schermer and Saladino.

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Court Administration
• Practice and Procedure
• § 101
• § 522
• § 545

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• previous
• next