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Rodriguez v. FDIC (In re United Western Bancorp, Inc.)

Summarizing by Bradley Pearce

Hawk v. Engelhart (In the Matter of Hawk)

Citation:
16-20641 (5th Circuit, Sep 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
Judge(s):
Stewart, Wiener, and Prado
Tag(s):

Martinez v. Sears (In re Sears)

Citation:
BAP No. CO-16-025 (10th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
A prima facie case under § 727(a)(3) requires a showing that debtor failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition...
Judge(s):
Cornish, Michael, Hall (Michael)
Tag(s):

Starky v. Birdsell (In re Starky)

Citation:
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Judge(s):
Hon. Dunn, Jury, and Kirscher
Tag(s):

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...
Judge(s):
KELLY, LUCERO, and HARTZ, Circuit Judges
Tag(s):

Grant, Konvalinka & Harrison, PC v. Banks (In re McKenzie)

Citation:
Nos. 12-5874/5875/5876
Ruling:
Affirmed order of district court dismissing two adversary complaints filed by debtor's law firm against bankruptcy trustee and lawyers representing trustee alleging malicious prosecution and abuse...
Judge(s):
Martin, Guy & McKeague
Tag(s):

Gentile v. DeGiacomo (In re Gentile)

Citation:
Gentile v. DeGiacomo (In re Gentile), BAP No. MB 12-071 (1st Cir. BAP, May 20, 2013)
Ruling:
By 2-1 decision, the Panel dismissed the debtors’ appeal of a bankruptcy court order granting the chapter 7 trustee’s motion to sell real estate fully-encumbered by a disputed lien for lack of...
Judge(s):
Lamoutte (dissenting), Kornreich (writing for the majority), and Cabán
Tag(s):

Green v. Zukerkorn (In re Zukerkorn)

Citation:
Green v. Zukerkorn (In Re Zukerkorn), Bankruptcy No.: 10-13626, BAP No.: NC-11-1506-JuKiJo
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy Court denial of Chapter 7 Trustee's Motion to Compel turnover of all or some of a spendthrift trust as part of the Bankruptcy...
Judge(s):
Presiding Bankruptcy Judge Alan Jaroslovsky, Judge Jury, Judge Johnson
Tag(s):

Cook v. Wells Fargo Bank, N.A., Scott Garrett and Pamela Garrett (In re Cook)

Citation:
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
Judge(s):
Nugent, Romero and Somers, Bankruptcy Judges.
Tag(s):

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