In re Shawne Merriman

Citation:
BAP No. CC-19-1245-LTaF (9th Circuit, Jul 13,2020) Published
Case Status:
Affirmed
Ruling:
The Supreme Court's opinion in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696 (2020), does not prohibit a bankruptcy court from fashioning nunc pro tunc...
Judge(s):
LAFFERTY, TAYLOR, and FARIS, Bankruptcy Judges
Tag(s):

In re Peabody Energy Corporation

Citation:
18-3242, 19-1767 (8th Circuit, May 06,2020) Published
Case Status:
Affirmed
Ruling:
The governmental entities' claims for damages for environmental damages, other than those recognized under environmental laws such as the Clean Water Act and CERCLA and state and local equivalents...
Judge(s):
GRUENDER, ARNOLD, and SHEPHERD
Tag(s):

Puerto Rico, LLC v. Empresas Martinez Valentin Cor

Citation:
18-2103 (1st Circuit, Jan 28,2020) Published
Case Status:
Affirmed
Ruling:
For the foregoing reasons, we dismiss the appeal of the April 4 damages award, and we affirm the amount of attorneys' fees imposed.
Judge(s):
Torruella, Thompson, and Kanatta (author)
Tag(s):

In re: FirstEnergy Solutions Corp

Citation:
Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
Judge(s):
Batchelder, Griffin and Donald
Tag(s):

Audrey Dick v. Colorado Housing Ent, L.L.C., et al

Citation:
18-10900 (5th Circuit, Jul 05,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
Judge(s):
Owen, Southwick, Higginson
Tag(s):

Migrant Health Center, Inc. v. Commonwealth of Puerto Rico

Citation:
18-1783 (1st Circuit, Mar 21,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
Judge(s):
Lynch, Thompson and Baron
Tag(s):

IN RE: SWINTEK

Citation:
No. 16-60003 (9th Circuit, Oct 22,2018) Published
Case Status:
Affirmed
Ruling:
11 U.S.C. § 108(c) tolled the period in which a judgment creditor could enforce a one-year “ORAP lien” encumbering the Debtor’s personal property under California Code of Civil Procedure...
Judge(s):
Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge.
Tag(s):

Bray v. U.S. Bank National Assoc.

Citation:
CC-17-1373-SKuF (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not commit a reversible error when it annulled the automatic stay nunc pro tunc to validate a postpetition nonjudicial foreclosure sale of real property where the debtor was...
Judge(s):
SPRAKER, KURTZ, and FARIS
Tag(s):

INTERNAL REVENUE SERVICE v MURPHY

Citation:
17-1601 (1st Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Tag(s):

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