Home » 105(a)

USA, ET AL V. ROBERT MACKENZIE

Citation:
23-15825 (9th Circuit, Sep 03,2024) Published
Case Status:
Reversed and Remanded
Ruling:
Avoidance under 11 U.S.C. § 724(a) of the portion of a tax lien for penalties does not alter the priority of the amount of the tax authority's unavoided lien claim against the proceeds of the...
Judge(s):
Susan P. Graber, Roopali H. Desai, and Ana de Alba, Circuit Judges
Tag(s):

LTL MANAGEMENT LLC

Citation:
23-2971 and 23-2972 (3rd Circuit, Jul 25,2024) Not Published
Case Status:
Affirmed
Ruling:
A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...
Judge(s):
RESTREPO, FREEMAN, and AMBRO, Circuit Judges
Tag(s):

VIncent Manikan v. Peters and Freeman, LLP

Citation:
No. 19-55393 (9th Circuit, Nov 25,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
Tag(s):

Blixseth v. Credit Suisse

  • Summarized by ,
  • 4 years 6 months ago
Citation:
16-35304 (9th Circuit, Jun 11,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the confirmation of a Chapter 11 Plan that included a limited non-consensual third party release of certain creditors for potential claims arising out of conduct in the...
Judge(s):
Richard A. Paez, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.
Tag(s):

Ocwen Loan Servicing v. Marino (In re Marino)

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 11 months ago
Citation:
Nos. 18-60005, 18-60006, 18-60040, 18-60041 (9th Circuit, Feb 10,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
Judge(s):
Wallace, Murguia, Lasnik
Tag(s):

J & M Food Services, LLC v. Camel Investment L.L.C.

Citation:
AZ-17-1291-LKuB (9th Circuit, Mar 14,2018) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's orders (1) ruling that the debtor had failed to timely make an oral motion to assume a lease, (2) denying the use of its powers under section 105(a) to grant...
Judge(s):
LAFFERTY, KURTZ, and BRAND, Bankruptcy Judges
Tag(s):

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