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In re Ritchie Special Credit Investments, Ltd.;

Citation:
21-2707 (8th Circuit, Sep 13,2022) Published
Case Status:
Affirmed
Ruling:
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
Judge(s):
GRASZ, STRAS, and KOBES
Tag(s):

In re: RIZAL JUCO GUEVARRA

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 1 year 2 months ago
Citation:
BAP No. EC-21-1141-SFL (9th Circuit, Mar 25,2022) Published
Case Status:
Reversed
Ruling:
Debtor may amend his schedules to claim an exemption in sale proceeds of real property after the interest was sold by the bankruptcy trustee, under circumstances where the Debtor did not conceal...
Judge(s):
SPRAKER, FARIS, and LAFFERTY
Tag(s):

In re Christopher Boisaubin

Citation:
19-6040 (8th Circuit, May 14,2020) Published
Case Status:
Affirmed
Ruling:
Even though the debtor had no memory of the facts that gave rise to a cause of action that would have been an asset in his first bankruptcy case until after he had received a discharge in his...
Judge(s):
SALADINO, NAIL, and SANBERG
Tag(s):

Brian Lerbakken v. Sieloff and Associates, P.A.

Citation:
18-3415 (8th Circuit, Feb 07,2020) Published
Case Status:
Affirmed
Ruling:
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
Judge(s):
COLLOTON, WOLLMAN, and BENTON
Tag(s):

BIAS v. TANGIPAHOA PARISH SCHOOL BOARD

Citation:
17-30982 (5th Circuit, Dec 05,2018) Published
Case Status:
Affirmed
Ruling:
Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
Judge(s):
Stewart, King, Owen
Tag(s):

Martinez v. OGA Charters, L.L.C.

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 4 years 9 months ago
Citation:
17-40920 (5th Circuit, Aug 24,2018) Not Published
Case Status:
Affirmed
Ruling:
The proceeds of a liability insurance policy are estate property when claims against the policy exceed policy limits. In affirming the bankruptcy court's ruling, the Fifth Circuit explained...
Judge(s):
REAVLEY, GRAVES, and COSTA.
Tag(s):

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 4 years 10 months ago
Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

Title Max v. Northington (In re Northington

Citation:
16-17468 (11th Circuit, Dec 11,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
Tag(s):

Rosbottom, Jr. v. Schiff (In the Matter of Rosbottom, Jr.)

Citation:
16-31108 (5th Circuit, Jul 17,2017) Not Published
Case Status:
Reversed and Rendered
Ruling:
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
Judge(s):
King, Prado, Southwick (Per Curiam)
Tag(s):

Combs v. The Cordish Companies, Inc.

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 5 years 11 months ago
Citation:
15-3265 (8th Circuit, Jul 05,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Claims based on events that occur after the filing of a voluntary Chapter 7 petition are not subject to judicial estoppel if the debtor fails to disclose and schedule such claims. The Court of...
Judge(s):
RILEY, WOLLMAN, KELLY
Tag(s):

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