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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Hackler & Stelzle-Hackler v. Arianna Holdings Company, LLC (In re Hackler & Stelzle-Hacker)

  • Summarized by Hale Lake , Hinshaw & Culbertson LLP
  • 1 month 2 days ago
Citation:
18-1650 (3rd Circuit, Sep 12,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...
Judge(s):
McKee, Porter and Roth
Tag(s):

Gajiu v. Ehrenberg (In re Goldshtadt)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 month 1 week ago
Citation:
No. CC-18-1333-LSTa (9th Circuit, Sep 04,2019) Not Published
Case Status:
Affirmed
Ruling:
Properties owned by wife and debtor were property of the estate. Despite being held by the couple as joint tenants, the properties were presumed to be community property.
Judge(s):
Lafferty, Spraker, Taylor
Tag(s):

Linda Lane v. Saran Dean; Kevin Dean (In re Lane)

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 1 month 1 week ago
Citation:
Adversary Proceedings Nos. 18-8038/8040; Bankruptcy Case No. 3:17-bk-32227; File Name: 19b0008p.06 (6th Circuit, Aug 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel of the Sixth Circuit Court of Appeals affirmed two rulings by the bankruptcy court which found creditors in contempt and issued sanctions against creditors for: (i)...
Judge(s):
Buchanan, Dales and Wise, Bankruptcy Appellate Judges
Tag(s):

Zito v. Douglass Enterprises, LLC (In re Zito)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 month 2 weeks ago
Citation:
AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published
Case Status:
Reversed
Ruling:
Creditor was not entitled to attorney's fees before prevailing in the state court litigation.
Judge(s):
Brand, Faris, Lafferty
Tag(s):

Kamal Zeeb v. Samuel Farah (In re Zeeb)

  • Summarized by Lars Fuller , BakerHostetler
  • 2 months 2 days ago
Citation:
BAP No. CC-19-1019-SKuTa (9th Circuit, Aug 09,2019) Not Published
Case Status:
Affirmed
Ruling:
State court jury finding of liability on conversion but award of zero damages established that creditor suffered harm from debtor on conversion claim. Issue preclusion did not prevent bankruptcy...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Pasley v. Keats (In re Pasley)

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 2 months 1 week ago
Citation:
Case No. 18-8048; File Name: 19b0007p.06 (6th Circuit, Aug 06,2019) Published
Case Status:
Dismissed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) dismissed a Debtor's appeal of a bankruptcy court order which granted the Chapter 7 Trustee's motion to sell real estate owned by a single member...
Judge(s):
Harrison, Price Smith and Wise, Bankruptcy Appellate Panel Judges
Tag(s):

Dobos v. People`s Bail Bonds; Harry Kassabian (In re Dobos)

Citation:
CC-18-1239-FLKu (9th Circuit, Aug 02,2019) Published
Case Status:
Affirmed
Ruling:
A creditor seeking to enforce an avoided lien needs to ensure that the lien does not otherwise expire during the course of the litigation or appeal. In this case, a judgment creditor whose lien had...
Judge(s):
FARIS, LAFFERTY, and KURTZ
Tag(s):

Kenneth Benjamin v. United States of America

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 2 months 3 weeks ago
Citation:
18-20185 (5th Circuit, Jul 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Judge(s):
Clement, Graves and Oldham
Tag(s):

Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 2 months 2 weeks ago
Citation:
No. 18-2098 (2nd Circuit, Jul 25,2019) Published
Case Status:
Affirmed
Ruling:
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
Judge(s):
Calabresi, Lynch and Lohier, Circuit Judges
Tag(s):

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