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Orange County's Credit Union v. Garcia (In re Garcia)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 13 years 1 month ago
Citation:
C.A. 9th Cir. Case No. 11-56076
Ruling:
Judge Barry G. SIlverman wrote the opinion on behalf of the panel. Pursuant to Fed. R. App. P. 34(a)(2), the panel unanimously determined that no oral argument was needed in this case. Even...
Judge(s):
Alex Kozinski, Chief Judge; Barry G. Silverman, Circuit Judge; and Jed S. Rakoff, Senior District Judge.
Tag(s):

DeGiacomo v. Traverse (In re Traverse)

  • Summarized by Samuel Mushell , Americans United for Government Reform
  • 13 years 2 months ago
Citation:
Bankruptcy Case No. 11-17703-WCH
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the Massachusetts Bankruptcy Court's granting of summary judgment in favor of the Chapter 7 trustee, allowing him to preserve an...
Judge(s):
Haines, Deasy, Tester
Tag(s):

McCoy v. Kuiken (In re Kuiken)

Citation:
BAP No. SC-12-1218-JuMkPa (B.A.P. 9th Cir. Jan. 4, 2012)
Ruling:
REVERSING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that the debtor was not entitled to avoid a judicial lien encumbering the debtor's real property under 11 U.S.C. §...
Judge(s):
JURY, MARKELL, and PAPPAS
Tag(s):

Collect Access LLC v. Hernandez (In re Hernandez)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 13 years 4 months ago
Citation:
BAP No. SC-12-1209 JuMkPa (consolidated with BAP No. SC-12-1217 JuMkPa (for publication)
Ruling:
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Judge(s):
JURY, MARKELL, and PAPPAS, Bankruptcy Judges
Tag(s):

Nessan v. Lovald

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 13 years 4 months ago
Citation:
Nessan v. Lovald, No. 12-1733 (8th Cir. Dec. 5, 2012)
Ruling:
In an unpublished opinion, the Eighth Circuit held that under applicable South Dakota law, the debtor's claimed exemptions in a truck, boat, and legal claim did not entitle the debtor to an...
Judge(s):
Per Curiam. Heard by RILEY, Circuit Judge, COLLOTON AND GRUENDER, Circuit Judges.
Tag(s):

Auday v. Wet Seal Retail, Inc.

  • Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
  • 13 years 6 months ago
Citation:
--- F.3d ----, 2012 WL 5259002 C.A.6 (Tenn.),2012, Appellate Case No. 11-8066, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 1:10-cv-260
Ruling:
The United States Court of Appeals for the Sixth Circuit held that a potential tort claim held by a debtor, which accrued prior to her filing of a Chapter 7 bankruptcy, became property of the...
Judge(s):
Jeffrey S. Sutton Richard Allen Griffin Helene N. White
Tag(s):

Cohen v. Borgman (In re Borgman)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 6 months ago
Citation:
In re Borgman, --- F.3d ----, 2012 WL 5201347 (10th Cir. Oct. 23, 2012)
Ruling:
The Tenth Circuit REVERSED the BAP and REINSTATED the orders of the Bankruptcy Court disallowing claimed exemptions of tax refunds. "The amount of a federal tax refund equivalent to the...
Judge(s):
Tymkovich, Ebel, Holmes
Tag(s):

Santiago v. Rivera (In re Santiago)

Citation:
Santiago v. Rivera (In re Santiago), BAP No. PR 11-075 (1st Cir. BAP Sep. 26, 2012) (for publication)
Ruling:
The First Circuit Bankruptcy Appellate Panel REVERSED the ruling of the bankruptcy court, finding that anticipated tax refunds for pre-petition earnings or losses are property of the estate under...
Judge(s):
Boroff, Deasy, and Bailey, United States Bankruptcy Appellate Panel Judges
Tag(s):

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