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Summarizing by Amir Shachmurove

In re John Finstad

Citation:
20-1857 (8th Circuit, Jul 21,2021) Published
Case Status:
Affirmed
Ruling:
In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...
Judge(s):
James B. Loken; William D. Benton; and Jane L. Kelly
Tag(s):

James Perry v. Stephen Judge

Citation:
Bankruptcy Appellate Panel of the Tenth Circuit No. CO-20-050 (10th Circuit, Jul 20,2021) Published
Case Status:
Affirmed
Ruling:
The BAP held the bankruptcy court did not err in finding all of the Plaintiff's injuries resulted from the Debtor's willful and malicious acts, because the record showed the Debtor, the aggressor,...
Judge(s):
The Hons. Cornish, Michael, and Hall
Tag(s):

In re Allana Baroni

Citation:
Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1278-LGT, CC-20-1279-LGT (9th Circuit, Jul 13,2021) Not Published
Case Status:
Affirmed
Ruling:
The BAP held that only if the Ninth Circuit reverses the Turnover Order would the Debtor's standing be established as the Debtor conceded the estate is insolvent. The BAP also held the bankruptcy...
Judge(s):
The Hons. Lafferty, Gan, and Taylor
Tag(s):

In re Adam R. Schiller

Citation:
21-6001 (8th Circuit, Jul 15,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Tag(s):

In re Kevin Harris

Citation:
19-11286 (11th Circuit, Jul 14,2021) Published
Case Status:
Affirmed
Ruling:
A default judgment against a debtor, on a complaint that alleges alternative causes for liability, does not satisfy the requirements of § 523(a)(2)(A) under Florida law regarding collateral...
Judge(s):
JORDAN, MARCUS, and GINSBURG (United States Circuit Judge for the District of Columbia, sitting by designation)
Tag(s):

Jeanette Wellers v. Peters

Citation:
BAP No. 20-040 (10th Circuit, Jul 13,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) order approving settlement between Chapter 7 trustee and creditor regarding allocation of proceeds following sale of Chapter 7 debtor's home....
Judge(s):
Cornish, Michael, Hall
Tag(s):

In re Sean and Shannon Nevett

Citation:
20-1154 (9th Circuit, Jul 01,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit found no error in the decision of the Bankruptcy Court for the Southern District of California (BC) to deny a discharge to Sean P. Nevett (SPN)...
Judge(s):
Gary A. Spraker; Scott H. Gan; and Julia W. Brand
Tag(s):

Trans-west, Inc. v. Jeffrey Mullins

Citation:
20-046 (10th Circuit, Jun 30,2021) Not Published
Case Status:
Affirmed
Ruling:
Discerning no clear error in the post-trial factual findings of the U.S. Bankruptcy Court for the District of Colorado (BC), the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed its...
Judge(s):
Tom R. Cornish; Terrence L. Michael; and Sarah A. Hall
Tag(s):

In re Carol Lee Depuydt-Meier

Citation:
21-1001 & 21-1002 (9th Circuit, Jun 28,2021) Not Published
Case Status:
Affirmed
Ruling:
Echoing a similar ruling in a separate case, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed orders (1) overruling the objection by Carol Lee DePuydt-Meier (DR) to a proof...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
Tag(s):

In re Kimberly Dawn Franklin

Citation:
19-1149 (9th Circuit, Jun 24,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....
Judge(s):
Gary A. Spraker; Scott H. Gan; and Julia W. Brand
Tag(s):

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