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In re Joy Denby Peterson

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 3 years 7 months ago
Citation:
18-3562 (3rd Circuit, Oct 28,2019) Published
Case Status:
Affirmed
Ruling:
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
Judge(s):
McKee, Shwartz, and Fuentes
Tag(s):

IN RE: HALER

Citation:
17-40229 (5th Circuit, Dec 29,2017) Not Published
Case Status:
Reversed
Ruling:
Debtor's oral statement that his company was in "very fine legally [sic] financial shape" and had "plenty of cash to operate" fell within the exception under section 523(a)(2)(A) because it was an...
Judge(s):
King, Dennis and Costa (per curiam)
Tag(s):

Zucker v. U.S. Specialty Insurance Co.

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 6 years 3 weeks ago
Citation:
15-10987 (11th Circuit, May 16,2017) Published
Case Status:
Affirmed
Ruling:
The 11th Circuit affirmed the district court's ruling that the fraudulent transfer claims in a bankruptcy complaint fell within the prior acts exclusion in the insurance policy. Held that Parent...
Judge(s):
Carnes, Fay, and Parker
Tag(s):

Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

Tower Credit, Inc. v. Schott (In the Matter of Jackson)

Citation:
No. 16-30274 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
Judge(s):
Davis, Dennis and Southwick. Opinion by Dennis
Tag(s):

Gonzalez v. Kitay, et al. (In re Kitay)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 7 years 6 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1200-FDJu (December 10, 2015)
Ruling:
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") deemed not appropriate for publication, the BAP held that the bankruptcy court did not err in granting Daniel E. Gonzalez's ("Appellant")...
Judge(s):
Honorable Faris, Dunn, and Jury, Bankruptcy Judges.
Tag(s):

Bella Sera Homeowners' Assoc. v. Pack (In re Pack)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 8 years 2 weeks ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-14-1375-KuDJu
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruled that both bankruptcy court's orders "stripping off" Bella Sera Homeowner's Association ("Bella") lien and...
Judge(s):
KURTZ, DUNN and JURY, Bankruptcy Judges
Tag(s):

Elliott v. Weil (In re Elliott)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 8 years 1 month ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1321-PaKiTa (April 22, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose,...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Tag(s):

Starky v. Birdsell (In re Starky)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 8 years 6 months ago
Citation:
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Judge(s):
Hon. Dunn, Jury, and Kirscher
Tag(s):

Susquehanna Bank v. USA/IRS (In re Restivo Auto Body)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 8 years 7 months ago
Citation:
Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)
Ruling:
The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust...
Judge(s):
Before Circuit Judges NIEMEYER, WYNN, and FLOYD.
Tag(s):

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