Church Joint Ventures, L.P. v. Earl Blasingame (In re Blasingame)

• Summarized by Ryan Heilman , Wernette Heilman PLLC
• 4 days 15 hours ago

Citation:

Nos. 18-8010/8013/8018 (6th Circuit, Apr 15,2019) Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel held that (i) an action to determine that personal property is property of the bankruptcy estate need not be pleaded with particularity, (ii) there is...

Judge(s):

Opperman, Price Smith, and Wise

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Valuation
• Personal Bankruptcy Topics
• Fed R Bankr P 7008
• 11 U.S.C §§ 541
• 544(a)

Hugger v. Warfield (In re Hugger)

• Summarized by Samuel Henninger , University of Tennessee College of Law
• 1 week 2 days ago

Citation:

BAP No. AZ-18-1003-LBTa (9th Circuit, Apr 05,2019) Not Published

Case Status:

Affirmed

Ruling:

Debtor failed to show grounds for vacating his chapter 7 discharge so that he could file again to discharge certain tax debts.

Judge(s):

Lafferty, Brand, Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Discharge/Dischargeability

Fishback Nursery, Incorporated, et al v. PNC Bank

• Summarized by Walter Newman , Newman & Newman
• 1 week 1 day ago

Citation:

No. 18-10090 (5th Circuit, Apr 10,2019) Published

Case Status:

Affirmed

Ruling:

The court first consider the choice-of-law issue. The court rejected the Nurseries’ arguments that the district court erred in determining the law applicable to the parties’ lien dispute. On...

Judge(s):

SMITH, DUNCAN, and ENGELHARDT, Circuit Judges.

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Venue/Jurisdiction
• Uniform Commercial Code/Article 9
• 11 U.S.C. § 1107(a)
• 28 U.S.C. § 1334(b)
• 28 U.S.C. § 1332

Kang v. Cuzco Development U.S.A., LLC (In re Cuzco Development)

• Summarized by Samuel Henninger , University of Tennessee College of Law
• 1 week 5 days ago

Citation:

BAP No. HI-18-1033-BSL (9th Circuit, Apr 04,2019) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court did not abuse its discretion when denying requests to extend the deadline by claimant because claimant failed to prove excusable neglect.

Judge(s):

Brand, Spraker, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims
• Real Estate
• Retail
• Small Business
• Rule 9006(b)

In re Earl Blasingame

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 2 weeks 2 days ago

Citation:

18-5549/5623 (6th Circuit, Apr 03,2019) Published

Case Status:

Affirmed

Ruling:

In this consolidated appeal, the Court of Appeals affirmed the Bankruptcy Court decisions to dismiss two claims brought by a creditor derivatively on behalf of the Chapter 7 Trustee: a claim...

Judge(s):

Griffin, Kethledge and Thapar; Opinion by Thapar

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure

Limor v. Anderson (In re Scarbrough)

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 2 weeks 5 days ago

Citation:

18-8028, 2019 WL 1418698 (6th Circuit, Mar 28,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Summary Judgment incorrectly entered in action to avoid constructively fraudulent transfer where there were issues of material fact as to whether Debtor was insolvent as of date of the transfer.

Judge(s):

Buchanan, Dales and Opperman

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Consumer Bankruptcy

Raybould v. Markel (In re Raybould)

• Summarized by Samuel Henninger , University of Tennessee College of Law
• 3 weeks 2 days ago

Citation:

Nos. OR-17-1326-SLB, OR-17-1327-SLB (9th Circuit, Mar 26,2019) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy case was properly dismissed because debtor failed to obtain credit counseling, to timely make plan payments, and to file required tax returns.

Judge(s):

Spraker, Lafferty, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Consumer Debt
• Mortgage

Assured Guaranty Corp. v. Commonwealth of Puerto Rico

• Summarized by Samuel Henninger , University of Tennessee College of Law
• 3 weeks 3 days ago

Citation:

Nos. 18-1165, 18-1166, 2019 WL 1349221 (1st Circuit, Mar 26,2019) Published

Case Status:

Affirmed

Ruling:

Neither Section 922(d) nor Section 928(a) require debtors to continue payments to bondholders during the pendency of the Title III proceedings.

Judge(s):

Howard, Torruella, Thompson

Tag(s):

• 1st Circuit
• Automatic Stay
• Bankruptcy Litigation
• Finance and Banking
• Insurance
• Puerto Rico
• 11 U.S.C. 922(d); 11 U.S.C. 928(a)

Operating Eng'rs Local 324 v. Bourdow Contracting, Inc.

• Summarized by Ryan Heilman , Wernette Heilman PLLC
• 3 weeks 5 days ago

Citation:

18-1491 (6th Circuit, Mar 21,2019) Published

Case Status:

Affirmed

Ruling:

Applying the alter-ego test of the NLRA, the Sixth Circuit affirmed the District Court's finding that the defendant is an alter-ego of a related bankrupt company for purposes of pension fund...

Judge(s):

CLAY, COOK, and LARSEN

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Claims
• 11 U.S.C. § 502(a); 29U.S.C §1381(a); 29 U.S.C. §151

Miller v. Gilliam & Rodriguez (In re Miller)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 1 month 1 week ago

Citation:

BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published

Case Status:

Reversed

Ruling:

Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...

Judge(s):

Spaker, Faris, and Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Rule 9011
• 11 USC 105(a)

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