Now Updating
Christopher M. Cook v. Chapter 13 Trustee

Summarizing by Timothy Anzenberger

Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

SLATER V U.S. STEEL CORPORATION

Citation:
2:09-cv-01732-KOB (11th Circuit, Sep 18,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The Eleventh Circuit revisited its application of the doctrine of equitable estoppel in instances where a debtor fails to disclose claims in connection with a bankruptcy case. Departing from its...
Judge(s):
Ed Carnes, Chief Judge, Tjoflat, Marcus, Wilson, William Pryor, Martin, Jordan, Rosenbaum, Julie Carnes, and Jill Pryor, Circuit Judges
Tag(s):

WHITCOMB V. SMITH

Citation:
MB 16-044 (1st Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
In a sad tale of family discord and proof of the adage that "no good deed goes unpunished," the BAP affirmed the bankruptcy court's judgment that the debtor's obligations to her daughter and...
Judge(s):
DEASY, CARY, FAGONE, United States Bankruptcy Appellate Panel Judges
Tag(s):

Charles Gabus Motors, Inc. v. Tirrell (In re Tirrell)

Citation:
17-6009 (8th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
Judge(s):
SALADINO, SCHERMER, NAIL
Tag(s):

Dorsey v. U.S. Department of Education (In the Matter of Dorsey)

Citation:
16-31085 (5th Circuit, Sep 01,2017) Published
Case Status:
Affirmed
Ruling:
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
Judge(s):
SMITH, OWEN, HIGGINSON
Tag(s):

Zazzali v. U.S.A. (In re DBSI, Inc.)

Citation:
16-35597 (9th Circuit, Aug 31,2017) Published
Case Status:
Affirmed
Ruling:
Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
Judge(s):
Hawkins, Gould, Paez
Tag(s):

Olsen v. Finance Authority of Maine

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 9 months ago
Citation:
BAP No. EP 16-058, BK Case No. 14-20859-PGC, Adv. Pro. No. 15-02031-PGC (1st Circuit, Jul 19,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Inga Olsen (the “Debtor”) appeals from the bankruptcy court’s October 26, 2016 judgment in favor of creditor Finance Authority of Maine (“FAME”), determining that: (1) her student loan...
Judge(s):
BAP (Bailey, Godoy and Panos) appeal from USBC-Maine (Hon. Peter G. Cary)
Tag(s):

Netflix, Inc. v. Relativity Media, LLC (In re Relativity Fashion, LLC)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 8 years 9 months ago
Citation:
16-3282-bk (2nd Circuit, Aug 22,2017) Not Published
Case Status:
Affirmed
Ruling:
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
Tag(s):

Donahue v. Poole (In re Poole)

Citation:
CC-16-1439-LTaKu (9th Circuit, Aug 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
Judge(s):
LAFFERTY, TAYLOR, KURTZ
Tag(s):

Trainor v. Evans (In re Evans)

Citation:
CC-16-1356-KuFTa (9th Circuit, Aug 09,2017) Not Published
Case Status:
Affirmed
Ruling:
The evidentiary record did not support a finding that the bankruptcy court had committed reversible error by entering judgment in favor of the debtor in nondischargeability litigation. The BAP will...
Judge(s):
KURTZ, FARIS , TAYLOR (Bankruptcy Judges)
Tag(s):

Pages

About us in numbers

3965 in the system

3824 Summarized

3 Being Processed