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Hujazi v. Schoenmann

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 8 years 10 months ago
Citation:
NC-15-1206-BSKu (9th Circuit, Jul 12,2017) Not Published
Case Status:
Affirmed
Ruling:
Debtor in a involuntary Chapter 7 bankruptcy lacked standing to argue that the Chapter 11 trustee for a business trust formerly owned by the debtor (the "Other Trustee") violated the automatic stay...
Judge(s):
BRAND, SPRAKER (Chief Bankruptcy Judge, D. Alaska, sitting by designation), KURTZ
Tag(s):

Home Care Providers, Inc., et al v. Hemmelgarn

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 8 years 11 months ago
Citation:
16-2054, 16-3668, 16-3669 (7th Circuit, Jun 27,2017) Published
Case Status:
Reversed and Remanded
Ruling:
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
Judge(s):
BAUER, FLAUM, KANNE
Tag(s):

Crop Production Services, Inc. v. Kelley (In the Matter of Grabanski)

Citation:
16-40830 (5th Circuit, Jun 20,2017) Not Published
Case Status:
Affirmed
Ruling:
Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
Judge(s):
Barksdale, Graves and Higginson (per curiam)
Tag(s):

Ashmore, Sr. v. CGI Group, Inc.

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 8 years 11 months ago
Citation:
16-1758-cv (2nd Circuit, Jun 21,2017) Not Published
Case Status:
Dismissed
Ruling:
Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
Judge(s):
Katzmann, Pooler and Lynch
Tag(s):

Indian Harbor Insurance Co. v. Zucker

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 8 years 11 months ago
Citation:
16-1695/1697/1698 (6th Circuit, Jun 20,2017) Published
Case Status:
Affirmed
Ruling:
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
Judge(s):
Sutton, Daughtrey, and Donald (dissenting)
Tag(s):

Weil v. Elliott

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 8 years 11 months ago
Citation:
16-55359 (9th Circuit, Jun 14,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Judge(s):
WALLACE, CHRISTEN, WATFORD
Tag(s):

Hernandez v. General Mills Federal Credit Union (In re Hernandez)

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 8 years 11 months ago
Citation:
16-3111 (8th Circuit, Jun 14,2017) Published
Case Status:
Affirmed
Ruling:
Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
Judge(s):
BENTON, BEAM, MURPHY
Tag(s):

Sarachek v. Luana Savings Bank

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 8 years 11 months ago
Citation:
16-1856, 16-1955 (8th Circuit, Jun 15,2017) Published
Case Status:
Affirmed
Ruling:
Affirming the district court (N.D. Iowa), (1) deposits that were applied against "true overdrafts," as determined under Iowa law, were avoidable as preferences; whereas deposits that were applied...
Judge(s):
LOKEN, BEAM, BENTON
Tag(s):

Novoa v. Minjarez (In the Matter of Novoa)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 8 years 11 months ago
Citation:
No. 16-50955 (5th Circuit, Jun 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
Judge(s):
REAVLEY, HAYNES, and COSTA (per curiam)
Tag(s):

In re Revstone Industries LLC, et al.

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 8 years 11 months ago
Citation:
16-2167 (3rd Circuit, Jun 06,2017) Not Published
Case Status:
Affirmed
Ruling:
Appellate standing in bankruptcy is limited to “persons aggrieved” by an order of the bankruptcy court. Appeals are limited to persons ‘whose rights or interests are directly and adversely...
Judge(s):
SMITH, Chief Judge (author), JORDAN and ROTH
Tag(s):

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