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Ali v. Azhar Chaudhary

Citation:
No. 23-20362 (consolidated with 23-20464, 23-20498, and 23-20507) (5th Circuit, Dec 09,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
Judge(s):
Smith, Clement, Higginson
Tag(s):

JORDEN SALDANA, ET AL V. MARTHA BR

Citation:
23-15860 (9th Circuit, Nov 22,2024) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
Judge(s):
Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
Tag(s):

RHITA BERCY V. CITY OF PHOENIX, ET AL

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 7 months 1 week ago
Citation:
22-16463 (9th Circuit, May 30,2024) Published
Case Status:
Affirmed
Ruling:
District court's grant of summary judgment to the City of Phoenix affirmed. Debtor-plaintiff's claim against the City could have been brought at the time of her bankruptcy petition, and any...
Judge(s):
Berzon, Hurwitz, Johnstone
Tag(s):

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
  • 2 years 9 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.

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 4 years 11 months ago
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

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 4 weeks ago
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.
  • 6 years 4 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 , Bricker Graydon LLP
  • 6 years 5 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):

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