IPC (USA), Inc. v. Kathryn A. Ellis (In re Pettit Oil Company)

Citation:
No. 17-60081, 2019 WL 1104662 (9th Circuit, Mar 11,2019) Published
Case Status:
Affirmed
Ruling:
Proceeds from consigned goods in consignee's possession on the petition date become property of the estate unless the consignor has perfected its interest.
Judge(s):
Fletcher, Bybee, Burns
Tag(s):

Imperium Insurance Company v. Shelton & Associates

Citation:
16-60728 (5th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court held that Shelton made material misrepresentations when he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...
Judge(s):
JOLLY, JONES, and HAYNES
Tag(s):

Wohleber v. Skurko & Gentile (In re Wohleber)

Citation:
18-8008 (6th Circuit, Mar 04,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...
Judge(s):
HARRISON, HUMPHREY, and OPPERMAN
Tag(s):

Trinity 83 Development LLC v. Colfin Midwest Funding LLC

Citation:
18-2117 (7th Circuit, Mar 01,2019) Published
Case Status:
Affirmed
Ruling:
Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...
Judge(s):
Easterbrook, Barrett, and Scudder
Tag(s):

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe (In re Greektown Holdings)

Citation:
18-1165, 2019 WL 922658 (6th Circuit, Feb 26,2019) Published
Case Status:
Affirmed
Ruling:
Native American Tribe has sovereign immunity against suits to recover allegedly fraudulent transfers.
Judge(s):
Clay and Griffin. Zouhary dissented.
Tag(s):

Madatian v. Goldman (In re Madatian)

Citation:
18-1166 (9th Circuit, Feb 11,2019) Not Published
Case Status:
Affirmed
Ruling:
Chapter 7 Trustee was entitled to turnover of debtor’s residential property, and could evict debtor from the property, under § 542(a) inasmuch as “there[] [was] ample evidence demonstrating...
Judge(s):
Faris, Kurtz, and Taylor
Tag(s):

Peter Kvassay v. Robert Kvassay (In re Peter Kvassay)

Citation:
18-1148 (9th Circuit, Feb 11,2019) Not Published
Case Status:
Affirmed
Ruling:
Chapter 7 discharge barred trustee of trustee from seeking to collect on debts owed to the trustee of an estate planning trust in his individual capacity, but did not prohibit the trustee, in his...
Judge(s):
Taylor, Faris, and Kurtz
Tag(s):

SummitBridge National v. Ollie Faison

Citation:
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT: No. 17-2441 (4th Circuit, Feb 08,2019) Published
Case Status:
Affirmed
Ruling:
The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees, if those fees are incurred after the filing of a bankruptcy...
Judge(s):
Before FLOYD and HARRIS, Circuit Judges, and Donald C. COGGINS, Jr., United States District Judge for the District of South Carolina, sitting by designation. Opinion by Circuit Judge Pamela Harris.
Tag(s):

Suzanne Cox v. Wells Richards, et al

Citation:
18-60394 (5th Circuit, Feb 07,2019) Not Published
Case Status:
Affirmed
Ruling:
Individual debtor was barred by doctrine of judicial estoppel from suing to enforce alleged loan she made to certain individuals based on her failure to disclose the loan in her prior bankruptcy...
Judge(s):
Davis, Jones, and Dennis
Tag(s):

Davis.v. Asphalt Professionals, Inc. (In re Davis)

Citation:
BAP Nos. CC-18-1158-FKuTa & CC-18-1163-FkuTa (9th Circuit, Jan 31,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed defense judgment of bankruptcy court (CD Cal.) on creditor's 11 USC 523/727 suit. Bankruptcy court correctly followed California discretionary law of issue preclusion...
Judge(s):
Faris, Kurtz, Taylor
Tag(s):

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