Blumsack v. Harrington (In re Blumsack)

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 10 months 1 day ago

Citation:

BAP NO. 23-003 (1st Circuit, Mar 05,2024) Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...

Judge(s):

Godoy, Cary and Fagon

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• § 1307(c)
• § 105
• § 109
• § 1325

In re Anna Stahl

• Summarized by Joel Newell , Ballard Spahr, LLP
• 3 years 9 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1254-SGF (9th Circuit, Apr 07,2021) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not abuse its discretion by relying exclusively on the schedules to calculate chapter 13 Debtor's eligibility. The BAP also rejected Appellant’s argument that the...

Judge(s):

Honorable Spraker, Gan, and Faris, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Claims
• Plan Confirmation
• Consumer Bankruptcy
• Consumer Debt
• Small Business
• 3001(f)
• § 109

Asociacion de Titulares de Condominio Castillo v. Dimarco

• Summarized by Michael Cooley , Reed Smith LLP
• 6 years 11 months ago

Citation:

17-009 (1st Circuit, Feb 08,2018) Published

Case Status:

Affirmed

Ruling:

First, a motion for “reconsideration” under Fed. R. Civ. P. 59 or 60 does not toll the 14-day deadline for filing an appeal under Fed. R. Bankr. P. 8002(b). Second, since the discharge in...

Judge(s):

Feeney, Harwood, and Fagone.

Tag(s):

• 1st Circuit
• Practice and Procedure
• Discharge/Dischargeability
• Puerto Rico
• Real Estate
• 8002(b)
• § 109

IN RE: JOHN Q. HAMMONS FALL 2006, LLC

• Summarized by Amy Quackenboss , American Bankruptcy Institute
• 6 years 10 months ago

Citation:

KS-16-037 (10th Circuit, Dec 28,2017) Not Published

Case Status:

Affirmed

Ruling:

Questions of whether an entity is eligible to be a debtor under Bankruptcy Code § 109 or had the proper corporate authorization to file its case are not jurisdictional; accordingly, the bankruptcy...

Judge(s):

Michael, Romero, and Hall

Tag(s):

• 10th Circuit
• Venue/Jurisdiction
• § 109

Brown v. Beaver (In re Brown)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 7 years 7 months ago

Citation:

NV-16-1099-KuLJu (9th Circuit, Mar 27,2017) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court's order dismissing debtor's chapter 13 case for lack of eligibility affirmed.

Judge(s):

Kurtz, Lafferty, Jury

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• § 109

Soames Lane Trust v. Gonzalez (In re Soames Lane Trust)

• Summarized by David Shemano , ShemanoLaw
• 8 years 5 months ago

Citation:

United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)

Ruling:

Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently...

Judge(s):

Faris, Dunn & Kurtz

Tag(s):

• 9th Circuit
• Venue/Jurisdiction
• 1112
• § 109

Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

• Summarized by James Webster , Law Office of James Portman Webster, PLLC
• 8 years 7 months ago

Citation:

-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION

Ruling:

Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the...

Judge(s):

KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Practice and Procedure
• § 707
• § 109

In re Four Wells Limited

• Summarized by Laura Bartell , Wayne State University Law School
• 8 years 9 months ago

Citation:

Nos. 15-8020.8021/8022/8023 (6th Cir. BAP April 12, 2016)

Ruling:

Bankruptcy court did not abuse its discretion in ruling on motion to dismiss without holding hearing on Chapter 11 Plan and Disclosure Statement, or in dismissing debtors' cases, but did abuse its...

Judge(s):

Harrison, Preston & Wise, Bankruptcy Appellate Panel judges

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Rule 2002
• Rule 3017
• 349
• § 1128
• § 109
• § 1112

3.78 Irish Acres, LLC v. Ireland Empire Servicing Co., et al. (In re 3.78 Irish Acres, LLC)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 10 months ago

Citation:

BAP No. NV-15-1096-JuKiD (BAP 9th Cir. Feb. 25, 2016) (unpublished)

Ruling:

In an unpublished ruling, the BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing an LLC's second chapter 7 filing based on claim and issue preclusion following...

Judge(s):

Jury, Kirscher, Dunn

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Real Estate
• § 109

Carswell v. Rojas, et al. (In re Carswell)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 9 years 4 weeks ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1100-KuKiTa (December 11, 2015)

Ruling:

In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...

Judge(s):

Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Personal Bankruptcy Topics
• Plan Confirmation
• § 506
• § 109

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