Ludvigsen v. Osborne

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 9 years 11 months ago

Citation:

Ludvigsen v. Osborne, BAP No. MB 14-039 (B.A.P. 1st Cir. Jan. 16, 2015)

Ruling:

The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to...

Judge(s):

Deasy, Kornreich, and Finkle

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Consumer Debt
• Practice and Procedure
• Rule 5010
• § 522
• § 350

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 6 days ago

Citation:

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]

Ruling:

The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...

Judge(s):

KIRSCHER, DUNN and JURY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Agriculture/PACA
• Asset Sales
• Business Reorganization
• Claims
• Bankruptcy Litigation
• Creditors' Committee
• First-day Motions
• Plan Confirmation
• Practice and Procedure
• Preferences
• Real Estate
• Valuation
• Unsecured Trade Creditors
• Rule 9019
• § 552
• § 361
• § 102
• § 362
• § 522
• § 363
• § 364
• § 544
• § 545
• § 506
• § 547
• § 548

Cirilli v. Bronk (In re Bronk)

• Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri, St. Louis
• 10 years 1 week ago

Citation:

Cirilli v. Bronk (In re Bronk), Nos. 13-1123 & 13-1516, --- WL --- (7th Cir. Jan. 5, 2014)

Ruling:

Applying Wisconsin law, the Court reversed the ruling that only account beneficiaries and not account owners could exempt college savings accounts and affirmed the ruling that the annuity in...

Judge(s):

Sykes, Manion, Kanne

Tag(s):

• 7th Circuit
• Consumer Bankruptcy
• § 522
• § 727

Williamson v. Murray (In re Murray)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 1 month ago

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...

Judge(s):

KELLY, LUCERO, and HARTZ, Circuit Judges

Tag(s):

• 10th Circuit
• Administrative Expense Claims
• Consumer Bankruptcy
• Consumer Debt
• Claims
• Bankruptcy Litigation
• Practice and Procedure
• Preferences
• § 541
• § 522
• § 544
• § 704
• § 507

Manty v. Johnson (In re Johnson)

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

Citation:

In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)

Ruling:

The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th...

Judge(s):

FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Bankruptcy Litigation
• Legislation
• Practice and Procedure
• § 522

Larson v. Sharp

• Summarized by Shara Cornell , McDonald Hopkins LLC
• 10 years 9 months ago

Citation:

B.A.P. 10th Cir. 13-053 (April 11, 2014)

Ruling:

The Bankruptcy Appellate Panel of the Tenth Circuit (the "Court" or "BAP') affirmed the Colorado Bankruptcy Court's denial of a chapter 7 trustee's objection to a debtor's exemption for tools of...

Judge(s):

Karlin, Jacobvitz, and Hall

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• § 522

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

• Summarized by Cassandra Porter , Cognizant Technology Solutions
• 10 years 9 months ago

Citation:

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)

Ruling:

The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and...

Judge(s):

Sack, Parker Raggi

Tag(s):

• 2nd Circuit
• Consumer Bankruptcy
• Asset Sales
• Certification
• Practice and Procedure
• § 522
• § 365

Daniels v. Agin

• Summarized by Guy Moss ,
• 11 years 1 month ago

Citation:

United States Court of Appeals for the First Circuit, No. 12-2376, November 25, 2013

Ruling:

Affirming the rulings of the courts below, against the Debtor, the Court held first that where the Debtor had entered into numerous transactions prohibited by sections 401 and 4975 of the Internal...

Judge(s):

Lynch, Howard and Kayatta

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• § 522
• § 727

Khan v. Regions Bank (In re Khan)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 11 years 2 months ago

Citation:

File Name 13a0941n.06; Docket No. 12-6567

Ruling:

In an opinion not recommended for publication, the Sixth Circuit Court of Appeals affirmed the ruling of the District Court for the Eastern District of Tennessee finding the Chapter 7 debtor was...

Judge(s):

Rogers, Cook and Van Tatenhove, District Judge. Opinion by Van Tatenhove.

Tag(s):

• 6th Circuit
• Claims
• Mortgage
• Venue/Jurisdiction
• § 502
• § 522
• § 506

McCarthy v. Brevik Law (In re McCarthy)

• Summarized by Omid Moezzi ,
• 11 years 2 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

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