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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Emmert, et al. v. Taggart (In re Taggart)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 11 months ago
Citation:
BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)
Ruling:
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by...
Judge(s):
Jury, Kirscher, Faris
Tag(s):

Liebzeit v. Intercity State Bank, et al. (In re Blanchard)

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 11 months ago
Citation:
Liebzeit v. Intercity State Bank, et al. (In re Blanchard), Case No. 15-1970 (7th Cir. App. Apr. 14, 2016)
Ruling:
1. Under Wisconsin law, a mortgage can properly attach a lien to a vendor's interest in a land contract. 2. The lender perfected it's lien on the vendor's interest by recording a mortgage in...
Judge(s):
Hamilton, Posner, Ripple
Tag(s):

Rosenberg v. DVI Receivables XIV, LLC, et al.

  • Summarized by Matthew Hale , Stichter, Riedel, Blain & Postler, PA
  • 9 years 11 months ago
Citation:
Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)
Ruling:
The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically...
Judge(s):
Marcus, Jill Pryor, and Fay, Circuit Judges.
Tag(s):

Murtaza v. Sigmund, et al. (In re Murtaza)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 11 months ago
Citation:
In re Murtaza, No. CC-15-1075-KuFTa (9th Cir. B.A.P. Feb. 4, 2016).
Ruling:
A bankruptcy court may not grant summary judgment in a 727(a)(4)(A) action absent the debtor’s admission that she knowingly and fraudulently made errors and omissions in her schedules and...
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Siragusa, et al. v. Collazo (In re Collazo)

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 9 years 11 months ago
Citation:
14 C 5008
Ruling:
The 7th Circuit examined the factual underpinning of the case, including the fact that the Plaintiffs had been satisfied with Collazo's evasive responses to inquiries about their investments, had...
Judge(s):
POSNER, EASTERBROOK and KANNE
Tag(s):

Arriola v. Naylor (In re Arriola)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 11 months ago
Citation:
9th Cir. BAP CC-15-1092-KuFTa (April 5, 2016) (unpublished)
Ruling:
The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a...
Judge(s):
KURTZ, FARIS and TAYLOR, Bankruptcy Judges.
Tag(s):

Justice v. U.S.A

Citation:
Justice v. United States of America (In re Justice), Case No. 15-10273 (11th Cir. Mar. 30, 2016).
Ruling:
The Eleventh Circuit held that the debtor’s tax debts were not dischargeable under section 523(a)(1)(B)(i) of the Bankruptcy Code because the debtor’s late-filed Forms 1040 did not qualify as...
Judge(s):
Tjoflat, Martin and Anderson, Circuit Judges
Tag(s):

Morris, et al. v. Davis (In re Morris)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 12 months ago
Citation:
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...
Judge(s):
Faris, Jury, Kirscher
Tag(s):

Kochetov v. California Employment Development Department (In re Kochetov)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 12 months ago
Citation:
In re Kochetov, No. SC-15-1034-FJuKi (9th Cir. B.A.P. Mar. 25, 2016).
Ruling:
A bankruptcy court may not decline to reopen a closed chapter 7 case due to the passage of time. Not-for-publication memorandum.
Judge(s):
Robert J. Faris, Meredith A. Jury, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
Tag(s):

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