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ROSELLE v BERGER & MONTAGUE, P.C.

Summarizing by Bradley Pearce

Wilkins v. Menchaca

Citation:
CC-17-1335-KuLS, CC-17-1337-KuLS, CC-17-1346-KuLS (9th Circuit, Jun 28,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeals based on lack of jurisdiction. Time to appeal under FRBP 8002(d)(1)(B) was statutory and jurisdictional, not "mandatory claim-processing rule," i.e.,...
Judge(s):
Kurtz, Lafferty, Spraker
Tag(s):

Jennings v. Royal

Citation:
WY-17-002 (10th Circuit, Nov 21,2017) Not Published
Case Status:
Affirmed
Ruling:
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
Judge(s):
Nugent, Somers, Mosier (Nugent)
Tag(s):

Smalis v. City of Pittsburgh School District, Case Nos. 16-4137 & 16-4261 (3d Cir. Mar. 27, 2017) (not precedential)

Citation:
16-4137 & 16-4261 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the district court's order, which affirmed the bankruptcy court's orders, dismissing Appellant's adversary proceeding and holding that (a) Appellant lacked standing to bring lawsuit on...
Judge(s):
McKee, Jordan, and Restrepo
Tag(s):

Paulson v. McDermott et al. (In re Paulson)

Citation:
16-6018 (8th Circuit, Nov 17,2016) Published
Case Status:
Affirmed
Ruling:

The Bankruptcy Court for the District of South Dakota did not err in dismissing the Debtor's chapter 13 case, denying the Debtor's motion to reinstate, and denying the Debtor's motion to...

Judge(s):
Federman, Schermer, Saladino
Tag(s):

Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively,...
Judge(s):
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
Tag(s):

Brown v. Billingslea (In re Brown)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. SC-14-1388-JuKlPa (October 26, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") applied the two-part test to determine whether the bankruptcy court abused its discretion: first, determine de novo whether the [bankruptcy]...
Judge(s):
JURY, KLEIN (sitting by designation) and PAPPAS, Bankruptcy Judges
Tag(s):

Valone v. Waage (In re Valone)

Citation:
14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
Ruling:
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
Judge(s):
Wilson, Fay, and Ripple, Circuit Judges
Tag(s):

Rodriguez v. Banco Popular De Puerto Rico

Citation:
Rodriguez v. Banco Popular de Puerto Rico (In re Rodriguez), BAP No. PR 14-003, --- B.R. ----, 2014 WL 4244284 (1st Cir. BAP Aug. 26, 2014)
Ruling:
The 1st Cir. BAP DISMISSED as untimely the appeal as to the first two orders appealed from and AFFIRMED as to the third due to the Debtors failure to demonstrate that the Bankruptcy Court for the...
Judge(s):
Hillman, Hoffman, Finkle
Tag(s):

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