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Asset Management Holdings, LLC v. Alelia Hernandez (In re Hernandez)

Summarizing by Lars Fuller

Raybould v. Markel (In re Raybould)

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):

Assured Guaranty Corp. v. Commonwealth of Puerto Rico

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):

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

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):

Miller v. Gilliam & Rodriguez (In re Miller)

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):

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):

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