Slovak v. Loveridge (In re Eurogas)

Citation:
17-4197 (10th Circuit, Jan 04,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...
Judge(s):
Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)
Tag(s):

Jennings v. Royal (In re: Jennings)

Citation:
17-8095 (10th Circuit, Sep 14,2018) Published
Case Status:
Affirmed
Ruling:
Debtor was allowed to claim an exemption in his entireties interest in real property located in Wyoming, but only to the extent that his entireties interest exceeded his joint indebtedness with his...
Judge(s):
Eid, Kelly, and O'Brien
Tag(s):

Fallon Family, L.P. v. Goodrich Petroleum Corp.

Citation:
No. 17-20278 (5th Circuit, Jun 27,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
Judge(s):
Davis, Jones, Higginson
Tag(s):

Harker v. PNC Mortgage Co.

Citation:
File Name: 18b0001p.06; No. 17-8005 (6th Circuit, Feb 06,2018) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the decision of the bankruptcy court that: (i) a trustee's avoidance power as a hypothetical lien creditor pursuant to Sec. 544(a)(1) is not...
Judge(s):
Harrison, Opperman and Wise, Bankruptcy Appellate Judges.
Tag(s):

Reinbold v. Thorpe (In re Thorpe)

Citation:
17-1766 (7th Circuit, Jan 31,2018) Published
Case Status:
Affirmed
Ruling:
Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed. When one spouse files bankruptcy, a trustee succeeds only...
Judge(s):
Bauer, Flaum, Sykes (Sykes)
Tag(s):

Philadelphia Entertainment & Development Partners, LP v. Commonwealth of Pennsylvania Department of Revenue

Citation:
No. 17-1954 (3rd Circuit, Jan 11,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In this precedential opinion, the Third Circuit Court of Appeals reversed and remanded the case back to the district court for further proceedings. The Third Circuit found, among other things, that...
Judge(s):
Chagares, Restrepo, and Greenberg, Circuit Judges
Tag(s):

Jennings v. Royal

Citation:
WY-17-002 (10th Circuit, Nov 21,2017) Not Published
Case Status:
Affirmed
Ruling:
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
Judge(s):
Nugent, Somers, Mosier (Nugent)
Tag(s):

In re: JEFFREY KENT GRACY

Citation:
16-3281 (10th Circuit, May 24,2017) Not Published
Case Status:
Affirmed
Ruling:
The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...
Judge(s):
Briscoe, Holmes, Phillips
Tag(s):

Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

U.S. Small Business Administration v. Bensal

Citation:
No. 14-17404 (9th Circuit, Apr 04,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed ruling of district court (N.D. Cal.) in favor of US Small Business Administration. SBA sought to avoid fraudulent transfer under Federal Debt Collection Procedures Act by...
Judge(s):
Hawkins, Berzon, Murguia
Tag(s):

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