Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Kamal Zeeb v. Samuel Farah (In re Zeeb)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 days 13 hours 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
  • 1 week 5 days 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
  • 3 weeks 3 days 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
  • 3 weeks 20 hours 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):

Gilman v. Tammy R. Phillips (In re Gilman)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 month 4 days ago
Citation:
No. CC-18-1066-TaLS, 2019 WL 3074607 (9th Circuit, Jul 12,2019) Published
Case Status:
Affirmed
Ruling:
When a creditor voluntarily files a CCP § 685.080 motion with the bankruptcy court for an award of postpetition attorneys' fees, § 108(c) does not toll the two-year limitation in CCP § 685.080.
Judge(s):
Taylor, Lafferty, Spraker
Tag(s):

Rodney Tow v. Organo Gold Intl, Inc., et al

  • Summarized by J Newman , Newman & Newman
  • 1 month 5 days ago
Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

Diamond Enterprises, LTD., LP, v. Michael Younessi (In re Michael Younessi)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 month 5 days ago
Citation:
No. CC-18-1337-FLKu, 2019 WL 3003903 (9th Circuit, Jul 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

Life Partners Creditors' Trust, et al v. James Sun

  • Summarized by J Newman , Newman & Newman
  • 2 months 2 weeks ago
Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Judge(s):
ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
Tag(s):

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