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Christopher M. Cook v. Chapter 13 Trustee

Summarizing by Timothy Anzenberger

Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Colby v. Milholland

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Liberty Bank, F.S.B. v. D.J. Christie, Inc.

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 9 years 2 months ago
Citation:
16-3230 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
Reviewing the bankruptcy court's approval of the settlement independently, applying de novo review to legal determinations and reviewing factual findings for clear error, the 10th Circuit affirmed....
Judge(s):
Phillips, McHugh, and Moritz, Circuit Judges
Tag(s):

Blue Cross Blue Shield of North Carolina v. Jemsek Clinic, P.A. (In re Jemsek Clinic, P.A.

  • Summarized by ,
  • 9 years 2 months ago
Citation:
16-1030 (4th Circuit, Mar 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Dismissing with prejudice a creditor’s claims valued at over $10 million and sanctioning that creditor by making it pay debtor’s attorney’s fees in the amount of $1.29 million was an abuse of...
Judge(s):
Wilkinson, Motz, Floyd (Motz)
Tag(s):

Maria Vista Estates v. Mi Nipomo, LLC

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 3 months ago
Citation:
CC-16-1111-TaLN (9th Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's ruling that debtor could not pursue fraud claim and that fraud claim did not survive a court-approved settlement affirmed.
Judge(s):
Taylor, Lafferty, Novack
Tag(s):

Above-All Transportation, Inc. v. Fraher

Citation:
BAP NO. MB 16-026 (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Panel Affirms the bankruptcy court's ruling in favor of Shannon Fraher on the count brought under 1 U.S.C. 523(a)(2)(A).
Judge(s):
Deasy, Tester and Finkle
Tag(s):

Appling v. Lamar, Archer & Cofrin, LLP (In re Appling)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 9 years 3 months ago
Citation:
16-11911 (11th Circuit, Feb 15,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
Tag(s):

Lunsford, Sr. v. Process Technologies Services, LLC (In re Lunsford, Sr.)

Citation:
16-11578 (11th Circuit, Feb 15,2017) Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit held that the bankruptcy court made a finding of fact that the debtor violated state securities laws based on a state court judgment confirming an arbitration award entered...
Judge(s):
Pryor and Rosenbaum, Circuit Judges, and Ungaro, District Judge
Tag(s):

Kim v. Wolkowitz (In re Kim)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 3 months ago
Citation:
BAP No. CC-16-11130TaLN (9th Circuit, Feb 15,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
Judge(s):
Honorable TAYLOR, LAFFERTY, and NOVACK.
Tag(s):

Wharton v. Schwartzer (In re Wharton)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Judge(s):
Jury, Fairs, Yun
Tag(s):

Schwab Industries, Inc. v. Huntington National Bank

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 9 years 3 months ago
Citation:
16-3790 (6th Circuit, Feb 13,2017) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the District Court's dismissal of Schwab's appeal as untimely where the notice of appeal was filed two days after the statutory deadline for a bankruptcy appeal expired.
Judge(s):
Boggs, Siler and Donald, opinion by Siler
Tag(s):

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