In the Matter of Ferguson

• Summarized by Kurt Carlson , Carlson Dash LLC
• 6 years 7 months ago

Citation:

In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)

Ruling:

In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.

Judge(s):

Shadid, Easterbrook, Rovner, and Hamilton.

Tag(s):

• 7th Circuit
• Business Reorganization
• Venue/Jurisdiction
• 28 USC 157
• 28 USC 158
• 11 U.S.C § 522
• 11 U.S.C § 523
• § 507

Clabaugh v. Grant (In re Grant)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 1 month ago

Citation:

Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.

Ruling:

Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...

Judge(s):

Karlin, Cornish, Michael (Karlin)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C § 522
• 11 U.S.C § 523
• § 727

Sikirica v. Wettach (In re Wettach)

• Summarized by William McNeal ,
• 7 years 2 months ago

Citation:

Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)

Ruling:

The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter...

Judge(s):

Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)

Tag(s):

• 3rd Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Fraudulent Transfers
• 11 U.S.C § 522
• 11 U.S.C § 548

Cline v. Ford (In re Cline)

• Summarized by Emil Khatchatourian , Foley & Lardner LLP
• 7 years 8 months ago

Citation:

Cline v. Ford (In re Cline), BAP No. AZ-14-1503-PaJuKi (B.A.P. 9th Cir. June 30, 2015)

Ruling:

AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in sustaining the trustee's objection to the debtors' claimed...

Judge(s):

PAPPAS, JURY, and KIRSCHER

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• 11 U.S.C § 522

Ross v. Garcia (In re Garcia)

• Summarized by Sarah Smegal , Hackett Feinberg PC
• 7 years 9 months ago

Citation:

Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)

Ruling:

Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in...

Judge(s):

Deasy, Finkle, Cary

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Valuation
• Rule 9024
• 11 U.S.C § 522

Gordon v. Wadsworth (In re Gordon)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 9 months ago

Citation:

Gordon, et al. v. Wadsworth, Case No. 14-1257 (10th Cir. June 26, 2015) (published)

Ruling:

Balance of funds paid out of retirement plan that was in debtors’ savings account on the petition date is not exempt under Colorado’s exemption statute - C.R.S. § 13-54-102(1(s).

Judge(s):

Hartz, Gorsuch, Matheson

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• 11 U.S.C § 522

Showalter v. Hopper (In re Showalter)

• Summarized by Lovee Sarenas , Sklar Hirsh
• 7 years 9 months ago

Citation:

*not for publication

Ruling:

The Ninth Circuit affirmed the Bankruptcy Appellate Panel's ruling that the Debtor's exemption claim under California's homestead exemption laws does not apply to the Debtor when (1) the Debtor did...

Judge(s):

Before: SCHROEDER and IKUTA, Circuit Judges, and and SEABRIGHT, District Court Judge for the District of Hawaii (sitting by designation).

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• 11 U.S.C § 522

Valone v. Waage (In re Valone)

• Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
• 7 years 11 months ago

Citation:

14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD

Ruling:

The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...

Judge(s):

Wilson, Fay, and Ripple, Circuit Judges

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Plan Confirmation
• Practice and Procedure
• Rule 8002
• 11 U.S.C § 522
• § 1325

Running v. Miller (In re Miller)

• Summarized by Michael Cooley , Reed Smith LLP
• 8 years 1 month ago

Citation:

No. 13-3682 (8th Cir. Feb. 13, 2015).

Ruling:

Funds taken from an individual retirement account for the purpose of purchasing an annuity retain their exempt status under 11 U.S.C. § 522(b)(3)(C) as “retirement funds…in a fund or account...

Judge(s):

Murphy, Smith, and Gruender.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Bankruptcy Taxation
• 11 U.S.C § 522

Banner Bank v. Johns (In re Johns)

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 8 years 3 months ago

Citation:

9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]

Ruling:

The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based...

Judge(s):

Hon. Kirscher, Dunn, and Jury

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Professional Practice Areas
• Bankruptcy Litigation
• 11 U.S.C § 522
• § 541

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