Home » 541

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

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 1 year 3 months 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.
  • 1 year 7 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
  • 1 year 8 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.)

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 2 years 8 months ago
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.

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):

U.S.A. v. Kerr-McGee Corp. (In re Tronox Inc.)

Citation:
16-343, 2017WL1403001 (2nd Circuit, Apr 20,2017) Published
Case Status:
Dismissed
Ruling:
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
Judge(s):
Kearse, Wesley and Droney
Tag(s):

County of Imperial Treasurer-Tax Collector v. Stadtmueller (In re RW Meridian LLC)

  • Summarized by Dean Rallis , Anglin Flewelling Rasmussen Campbell & Trytten, LLP
  • 3 years 1 month ago
Citation:
BAP No. SC-16-1227-JuFY; Bk Case No. 16-00629 MM7 (9th Circuit, Feb 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed the Bankruptcy Court's ruling that the County's post-petition tax sale violated the automatic stay and was, therefore, void.
Judge(s):
JURY, FARIS and YUN
Tag(s):

Scott v. King (In re Amerson)

  • Summarized by Elizabeth Gunn , Virginia Office of the Attorney General, Div. of Child Support Enforcement
  • 3 years 5 months ago
Citation:
Scott v. King (In re Amerson), Case No. 15-1343 (10th Cir. Oct. 28, 2016)
Ruling:
The exclusion from the bankruptcy estate of an interest in a spendthrift trust under 541(c)(2) is permissive and not mandatory and it is a debtor's choice whether or not to include such interest in...
Judge(s):
Kelly, Briscoe, Gorsuch
Tag(s):

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