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Ricky Sharpton v. Susan Manchester, Chapter 7 Tr

Summarizing by Lars Fuller

Douglas A. Kelley v. Gus Boosalis

Citation:
19-1079 (8th Circuit, Sep 11,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....
Judge(s):
Loken, Benton, Kelly
Tag(s):

800 Bourbon Street, L.L.C. v. Bay Bridge Bldg Ltd

Citation:
19-30926 (5th Circuit, Sep 03,2020) Not Published
Case Status:
Affirmed
Ruling:
The debtor confirmed a chapter 11 plan in 2009 granting creditor Bay Bridge an in rem claim against property to the extent Bay Bridge had an "allowed secured claim." Bay Bridge filed a proof of...
Judge(s):
King, Stewart, Southwick
Tag(s):

In re Lisa Garcia

Citation:
United States Bankruptcy Appellate Panel Case Nos. CC-19-1214-SGF and CC-19-1232-SGF (9th Circuit, Sep 01,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
Judge(s):
Honorable Spraker, Gan, and Faris
Tag(s):

Akeem Makeen v. Woodstream Falls Condominium

Citation:
BAP No. CO-20-006 & CO-20-026 (10th Circuit, Sep 01,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed orders of bankruptcy court (D. Colo.) dismissing debtor's complaint, striking debtor's repetitive filings, and sanctioning debtor for abusive conduct. Bankruptcy court...
Judge(s):
Cornish, Michael, Loyd
Tag(s):

In re OLGA VLADMIROVNA BORDENYUK

Citation:
HI-20-1042-BSG (9th Circuit, Aug 27,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by...
Judge(s):
Brand, Spraker, Gan
Tag(s):

In re Tribune Company

Citation:
18-2909 (3rd Circuit, Aug 26,2020) Published
Case Status:
Affirmed
Ruling:
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
Judge(s):
Ambro, Krause, and Bibas
Tag(s):

In re Wagenknecht and Colbert

Citation:
19-1206 (10th Circuit, Aug 24,2020) Published
Case Status:
Reversed
Ruling:
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
Judge(s):
Briscoe, Ebel, Lucero
Tag(s):

First American Title Insurance v. Michael Smith

Citation:
BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
Case Status:
Affirmed
Ruling:
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

In re Medina

Citation:
BAP No. SC-19-1299-FSG (9th Circuit, Aug 14,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Judge(s):
FARIS, SPRAKER, and GAN, Bankruptcy Judges
Tag(s):

In re Edwin Earl Elliott

Citation:
Ninth Circuit Court of Appeals Case No. 18-17421 (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
Judge(s):
Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
Tag(s):

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