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In re Khabushani

Summarizing by Amir Shachmurove

Loughran v. Wells Fargo Bank, N.A.

Summarizing by Sarah Tomlinson

In re Dennis Baham

Citation:
NV-20-1081-TaBG (9th Circuit, Sep 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Judge(s):
Laura S. Taylor; Julia W. Brand; and Scott H. Gan
Tag(s):

Douglas A. Kelley v. Gus Boosalis

Citation:
19-1079 (8th Circuit, Sep 11,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....
Judge(s):
Loken, Benton, Kelly
Tag(s):

800 Bourbon Street, L.L.C. v. Bay Bridge Bldg Ltd

Citation:
19-30926 (5th Circuit, Sep 03,2020) Not Published
Case Status:
Affirmed
Ruling:
The debtor confirmed a chapter 11 plan in 2009 granting creditor Bay Bridge an in rem claim against property to the extent Bay Bridge had an "allowed secured claim." Bay Bridge filed a proof of...
Judge(s):
King, Stewart, Southwick
Tag(s):

In re Lisa Garcia

Citation:
United States Bankruptcy Appellate Panel Case Nos. CC-19-1214-SGF and CC-19-1232-SGF (9th Circuit, Sep 01,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
Judge(s):
Honorable Spraker, Gan, and Faris
Tag(s):

Akeem Makeen v. Woodstream Falls Condominium

Citation:
BAP No. CO-20-006 & CO-20-026 (10th Circuit, Sep 01,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed orders of bankruptcy court (D. Colo.) dismissing debtor's complaint, striking debtor's repetitive filings, and sanctioning debtor for abusive conduct. Bankruptcy court...
Judge(s):
Cornish, Michael, Loyd
Tag(s):

In re OLGA VLADMIROVNA BORDENYUK

Citation:
HI-20-1042-BSG (9th Circuit, Aug 27,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by...
Judge(s):
Brand, Spraker, Gan
Tag(s):

In re Tribune Company

Citation:
18-2909 (3rd Circuit, Aug 26,2020) Published
Case Status:
Affirmed
Ruling:
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
Judge(s):
Ambro, Krause, and Bibas
Tag(s):

In re Wagenknecht and Colbert

Citation:
19-1206 (10th Circuit, Aug 24,2020) Published
Case Status:
Reversed
Ruling:
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
Judge(s):
Briscoe, Ebel, Lucero
Tag(s):

First American Title Insurance v. Michael Smith

Citation:
BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
Case Status:
Affirmed
Ruling:
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

In re Medina

Citation:
BAP No. SC-19-1299-FSG (9th Circuit, Aug 14,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Judge(s):
FARIS, SPRAKER, and GAN, Bankruptcy Judges
Tag(s):

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