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

Summarizing by Lars Fuller

Kemp v. U.S. Department of Education

Citation:
17-6032 (8th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Judge(s):
SALADINO, NAIL and SHODEEN
Tag(s):

Zardinovsky v. Arctic Glacier Income Fund

Citation:
17-2522 (3rd Circuit, Aug 20,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order dismissing adversary proceeding as barred by plan releases is affirmed. A confirmed plan is res judicata as to all issues decided or which could have been decided at...
Judge(s):
Smith, Hardiman and Bibas (author)
Tag(s):

Berg v. Social Security Administration

Citation:
17-2389 (7th Circuit, Aug 17,2018) Published
Case Status:
Affirmed
Ruling:
Seventh Circuit affirmed order of bankruptcy court concluding Social Security Administration (“SSA”) could setoff $17,385 in the debtor’s account. The agency, however, was required under §...
Judge(s):
BAUER, ROVNER, and SYKES
Tag(s):

Kaye v. Blue Bell Creameries, Inc.

Citation:
17-13588 (11th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...
Judge(s):
Martin, Circuit Judge, Julie Carnes, Circuit Judge, and Gilman, Circuit Judge
Tag(s):

Continental Casualty Co. v. Carr, et al.

Citation:
17-1208 (3rd Circuit, Aug 14,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
Judge(s):
Ambro, Circuit Judge
Tag(s):

Auslander v. Murray

Citation:
17-1272 (2nd Circuit, Aug 14,2014) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
Judge(s):
Walker, Hall, and Lohier, Circuit Judges
Tag(s):

Cocoma v. Nigam

Citation:
CO-17-044 and CO-17-045 (10th Circuit, Aug 09,2018) Not Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed the judgment of bankruptcy court denying claims for nondischargeability of debt under 11 U.S.C. 523(a)(2)(A) and (a)(6), which excepts from discharge any debt obtained “for...
Judge(s):
CORNISH, JACOBVITZ, and HALL
Tag(s):

Taxe v. Dye (In re Kellogg-Taxe)

Citation:
CC-17-1092-FSKu and CC-17-1303-FSKu (consolidated) (9th Circuit, Aug 06,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit BAP affirmed the judgment of bankruptcy court finding community property held by debtor and non-filing spouse, which included the assets of an out-of-state alter-ego corporation, were...
Judge(s):
FARIS, SPRAKER, and KURTZ
Tag(s):

Adams v. Newport Crest Homeowners Assoc., Inc.

Citation:
BAP No. CC-17-1224-KuFS (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditor on 11 USC 523 claim and claim of setoff and recoupment. Under...
Judge(s):
Kurtz, Faris, Spraker
Tag(s):

Bray v. U.S. Bank National Assoc.

Citation:
CC-17-1373-SKuF (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not commit a reversible error when it annulled the automatic stay nunc pro tunc to validate a postpetition nonjudicial foreclosure sale of real property where the debtor was...
Judge(s):
SPRAKER, KURTZ, and FARIS
Tag(s):

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