Erickson v. Wilson-Aguilar (In re Erickson)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 months 2 weeks ago

Citation:

No. 23-60037 (9th Circuit, Sep 24,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...

Judge(s):

FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge

Tag(s):

• 9th Circuit
• Claims
• Plan Confirmation
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• 11 U.S.C. § 105(a)
• 11 U.S.C. § 349(a)
• 11 U.S.C. § 1307(c)
• 11 U.S.C. § 1322(b)(2)
• (3).

Byrnes v. Byrnes (In re Byrnes)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 months 3 weeks ago

Citation:

No. 24-2015 (10th Circuit, Sep 17,2024) Not Published

Case Status:

Affirmed

Ruling:

A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...

Judge(s):

Holmes, Hartz, and Rossman

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Family/Divorce Issues
• 11 U.S.C. § 105(a)

Charitable DAF Fund v. Highland Cap. Mgmt., L.P. (In re Highland Cap. Mgmt., L.P.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 4 days ago

Citation:

No. 22-11036 (5th Circuit, Apr 04,2024) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court erred in sanctioning a law firm and its client by shifting $239,655 in legal fees. The fee-shifting amounted to a criminal...

Judge(s):

Dennis, Engelhardt, and Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• 11 U.S.C. § 105(a)

Coeptis Equity Fund LLC v. Hoskins (In re Coeptis Equity Fund LLC)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 4 weeks ago

Citation:

No. 23-60001 (9th Circuit, Mar 15,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court didn't err in denying a chapter 11/subchapter V debtor's motion for relief under Fed. R. Bankr. P 9024/Fed. R. Civ. P....

Judge(s):

S. THOMAS, MCKEOWN, and CHRISTEN

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 105(a)
• 11 U.S.C. § 105(b)
• 11 U.S.C. § 1183(b)(5)
• 11 U.S.C. § 1185(a)

In re: Louis N. Delloso

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 6 months ago

Citation:

No. 22-2532 (3rd Circuit, Jul 10,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order denying a creditor's motion to reopen a chapter 7 case five years after closure. The deadlines for the creditor...

Judge(s):

KRAUSE, BIBAS and RENDELL

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Discharge/Dischargeability
• Small Business
• Fed. R. Bankr. P. 4007(c)
• Fed. R. Bankr. P. 5010
• Fed. R. Bankr. P. 9006(b)
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 105(a)
• 11 U.S.C. § 350
• 11 U.S.C. § 523(a)(2)
• (4) and (6)
• 11 U.S.C. § 727

Digital Media Solutions, LLC, et al. v. S. Univ. of Ohio, LLC, et al.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 11 months ago

Citation:

No. 21-4014 (6th Circuit, Feb 07,2023) Published

Case Status:

Reversed

Ruling:

Tracing equity receivership principles back to the High Court of Chancery in England in the 18th century, the Sixth Circuit held a district court in a receivership case erred by approving a...

Judge(s):

Gibbons, Rogers, Murphy

Tag(s):

• 6th Circuit
• Practice and Procedure
• Insurance
• 11 U.S.C. § 105(a)

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