Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Dalton v. Warfield

Citation:
BAP No. AZ-17-1310-SBaF (9th Circuit, Jul 11,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) granting chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor's pending appeal of prepetition entry of...
Judge(s):
Spraker, Bason, Faris
Tag(s):

Lee v. Farrar (In re Gold Strike Heights Homeowners Assoc.)

Citation:
BAP No. EC-16-1169-KuBH & BAP No. EC-16-1283-KuBH (9th Circuit, Jul 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (ED Cal.) entry of judgment on the pleadings in favor of defendant-trustee, and grant of motion for attorney's fees as prevailing party. Tenant had no...
Judge(s):
Kurtz, Brand, Hursh
Tag(s):

Illinois Department of Revenue v. Hanmi Bank

Citation:
Nos. 147-1575 (N.D. Ill. Bankr. Case No. 12-49658) & 17-2004 (N.D. Ill. Bankr. Case No. 15-05384) (consolidated appeals) (7th Circuit, Jul 09,2018) Published
Case Status:
Affirmed
Ruling:
7th Circuit Court of Appeals affirmed the decision of both Bankruptcy Courts, holding that TDOR's interest, the right to pursue Bulk Sale purchasers personally for sellers' unpaid state taxes, was...
Judge(s):
BUAER, FLAUM, and ROVNER
Tag(s):

Henry v. Danielson

Citation:
CC-17-1249-TaLLs (9th Circuit, Jun 27,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed chapter 13 debtor's appeal of unspecified "orders" based on lack of jurisdiction. Debtor's pro se notice of appeal referenced various orders from prior to date of notice,...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Wilkins v. Menchaca

Citation:
CC-17-1335-KuLS, CC-17-1337-KuLS, CC-17-1346-KuLS (9th Circuit, Jun 28,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeals based on lack of jurisdiction. Time to appeal under FRBP 8002(d)(1)(B) was statutory and jurisdictional, not "mandatory claim-processing rule," i.e.,...
Judge(s):
Kurtz, Lafferty, Spraker
Tag(s):

Fallon Family, L.P. v. Goodrich Petroleum Corp.

Citation:
No. 17-20278 (5th Circuit, Jun 27,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
Judge(s):
Davis, Jones, Higginson
Tag(s):

Furlough v. Cage (In re Technicool Systems, Inc.)

Citation:
17-20603 (5th Circuit, Jun 20,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
Judge(s):
Willett, Smith, Wiener
Tag(s):

Rodriguez v. FDIC (In re United Western Bancorp, Inc.)

Citation:
17-1281 (10th Circuit, Jun 19,2018) Published
Case Status:
Reversed and Remanded
Ruling:
An ambiguous tax allocation agreement between a debtor and its subsidiary that filed consolidated tax returns gave the debtor only mere legal title to a refund based on the subsidiary's prior...
Judge(s):
BRISCOE, SEYMOUR, and HOLMES
Tag(s):

Schnitzel, Inc. v. Sorensen

Citation:
BAP No. NC-17-1152-FBTa (9th Circuit, Jun 15,2018) Published
Case Status:
Affirmed
Ruling:
Pawned property becomes property of the bankruptcy estate, and the pawnbroker's state-law notice regarding the pawned personal property violated the automatic stay. The BAP did not reach the issue...
Judge(s):
FARIS, BRAND, and TAYLOR, Bankruptcy Judges
Tag(s):

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