BIAS v. TANGIPAHOA PARISH SCHOOL BOARD

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 3 months 5 days 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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• 7012
• 541
• 521

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

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 6 months 2 weeks 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):

• 5th Circuit
• Claims
• Practice and Procedure
• Insurance
• 541

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

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 8 months 1 day 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):

• 6th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Real Estate
• 541
• 524

Title Max v. Northington (In re Northington

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 3 months ago

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):

• 11th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 541
• 1322(b)(2)

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

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 1 year 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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Family/Divorce Issues
• Rule 1018
• 541

Combs v. The Cordish Companies, Inc.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 8 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):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 541

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

• Summarized by Wayne Greenwald , Greenwald, PC
• 1 year 10 months ago

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):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Court Administration
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Mass Torts
• 11 U.S.C. 362(a)
• 541
• 28 U.S.C. 158
• 1291
• 1292

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

• Summarized by Dean Rallis , Anglin Flewelling Rasmussen Campbell & Trytten, LLP
• 2 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):

• 9th Circuit
• Automatic Stay
• §§ 362(a)
• 541

Scott v. King (In re Amerson)

• Summarized by Elizabeth Gunn , Virginia Office of the Attorney General
• 2 years 4 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):

• 10th Circuit
• Consumer Bankruptcy
• 541

Ortega v. LSREF2 Island Holdings, LTD.

• Summarized by Michael Sugar , Commonwealth of Massachusetts
• 3 years 3 months ago

Citation:

BAP NO. PR 14-067 (1st Cir. B.A.P. December 4, 2015)

Ruling:

The Bankruptcy Appellate Panel for the First Circuit affirmed the Bankruptcy Court's finding that it did not have jurisdiction over real property and that the automatic stay did not protect the...

Judge(s):

Feeney, Deasy, Cary

Tag(s):

• 1st Circuit
• Automatic Stay
• 362
• 541

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