Raybould v. Markel (In re Raybould)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 6 months 3 weeks 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 , U.S. Bankruptcy Court, Eastern District of Tennessee
• 6 months 3 weeks 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
• 6 months 3 weeks 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
• 7 months 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)

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

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 7 months 1 week ago

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):

• 9th Circuit
• Bankruptcy Litigation
• Claims

Imperium Insurance Company v. Shelton & Associates

• Summarized by J Newman , Newman & Newman
• 7 months 1 week ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Insurance

Wohleber v. Skurko & Gentile (In re Wohleber)

• Summarized by Ryan Heilman , Wernette Heilman PLLC
• 7 months 2 weeks ago

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):

• 6th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Family/Divorce Issues
• 11 U.S.C. § 362

Trinity 83 Development LLC v. Colfin Midwest Funding LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 2 weeks ago

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):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 363(m)

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

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 7 months 3 weeks ago

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):

• 6th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• 106
• 101(27)

Madatian v. Goldman (In re Madatian)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 8 months 3 days ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 USC 542(a)

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