In re: JILL SUZANN MEDLEY

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 1 year 10 months ago

Citation:

CC-22-1167-FLC (BAP) (9th Circuit, Feb 13,2023) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court did not err in concluding that creditor was a secured creditor and that its attempts to collect a real estate commission claimed by chapter 13 debtor violated the automatic stay.

Judge(s):

Faris, Lafferty, Corbit

Tag(s):

• 9th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C § 362
• 11 U.S.C § 105

In re: ALLEN BEAL

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 3 weeks ago

Citation:

21-4124 (10th Circuit, Dec 14,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Utah (DC) that itself affirmed the denial of a motion to extend time to...

Judge(s):

Harris L. Hartz; Robert E. Bacharach; and Nancy Moritz

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Discharge/Dischargeability
• Finance and Banking
• Lender Liability
• Fed. R. Bankr. P. 7012(b); Fed. R. Bankr. P. 9006(a)(3); Fed. R. Bankr. P. 9006(b)(1); Fed. R. Bankr. P. 9006(b)(3); Fed. R. Bankr. P. 4004(b); Fed. R. Bankr. P. 4007(c)
• 11 U.S.C § 105

Kreit v. Quinn

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 10 months ago

Citation:

21-20067 (5th Circuit, Feb 11,2022) Published

Case Status:

Affirmed

Ruling:

The U.S Court of Appeals for the Fifth Circuit: (1) affirmed financial sanctions ordered by the bankruptcy court and ratified by the district court on doctors who asserted causes of action placed...

Judge(s):

Jerry E. Smith; Patrick E. Higginbotham; and James C. Ho

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Health Care
• Investment Banking
• Lender Liability
• Small Business
• 11 U.S.C § 105

Lloyd Ward v. Robert Yaquinto, et al

• Summarized by Craig Geno , Craig M Geno PLLC
• 4 years 2 months ago

Citation:

18-10469 (5th Circuit, Oct 23,2020) Published

Case Status:

Affirmed

Ruling:

(1)-Bankruptcy Court had the equitable power under Section 105 (a) to correct any error it may have made in changing the date for the first creditors' meeting after the case was transferred from...

Judge(s):

Owen, Clement and Ho

Tag(s):

• 5th Circuit
• Discharge/Dischargeability
• Commercial Fraud
• 4004;4007
• 11 U.S.C § 105

Christopher Ridgeway v. Stryker Corporation, et al

• Summarized by J. Newman , Newman & Newman
• 4 years 4 months ago

Citation:

19-30791 (5th Circuit, Sep 02,2020) Published

Case Status:

Affirmed

Ruling:

For the last seven years, Christopher Martin Ridgeway and his former employer have waged scorched-earth lawfare against one another. Ridgeway has lost every battle and incurred millions of dollars...

Judge(s):

Smith, Ho, and Oldham

Tag(s):

• 5th Circuit
• Claims
• Rule 7037
• 11 U.S.C § 105

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 5 years 10 months ago

Citation:

18-5378/5386 (6th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...

Judge(s):

Daughtrey, Gibbons and Griffin; Opinion by Gibbons

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims
• Professional Practice Areas
• Bankruptcy Taxation
• 11 U.S.C § 105
• 503
• 507
• 524

Carroll v. Abide (In the Matter of Carroll)

• Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
• 7 years 10 months ago

Citation:

16-30996 (5th Circuit, Mar 13,2017) Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...

Judge(s):

Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• 11 U.S.C § 105

Galaz v. Katona (In the Matter of Galaz)

• Summarized by Aaron Kaufman , Gray Reed LLP
• 8 years 2 months ago

Citation:

Case No. 15-50919 (5th Cir. Oct. 28, 2016)

Ruling:

AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...

Judge(s):

Clement, Weiner, Costa

Tag(s):

• 5th Circuit
• Claims
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Rule 9019
• 11 U.S.C § 105
• 11 U.S.C § 541
• § 1141
• § 1325

Failla v. Citibank, N.A. (In re Failla)

• Summarized by David Bury , Stone & Baxter, LLP
• 8 years 3 months ago

Citation:

Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)

Ruling:

The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...

Judge(s):

Marcus, Pryor, and Lawson (District Court Judge)

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Rule 1007
• 11 U.S.C § 105
• 11 U.S.C § 521
• 11 U.S.C § 554
• § 362

Clabaugh v. Grant (In re Grant)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 8 years 3 months ago

Citation:

Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished

Ruling:

Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised...

Judge(s):

Matheson, McKay, O’Brien

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C § 105
• 11 U.S.C § 522
• 11 U.S.C § 523

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