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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

Barker v. Eiler (In re Principia Equitas)

Citation:
BAP No. OR-18-1128-SKuF (9th Circuit, Mar 28,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Or.) denying non-debtor principal's claim objection against secured creditor who had not filed proof of claim. Secured creditor did not...
Judge(s):
Spraker, Kurtz, Faris
Tag(s):

Migrant Health Center, Inc. v. Commonwealth of Puerto Rico

Citation:
18-1783 (1st Circuit, Mar 21,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
Judge(s):
Lynch, Thompson and Baron
Tag(s):

Singh v, Singh (In re Singh)

Citation:
BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published
Case Status:
Affirmed
Ruling:
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Judge(s):
FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges
Tag(s):

City of Chicago v. Marilyn O. Marshall (In re Steenes)

Citation:
Nos. 17-3630, 17-3663 & 17-3664 (7th Circuit, Mar 14,2019) Published
Case Status:
Reversed
Ruling:
Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
Judge(s):
Easterbrook, Rovner, and Hamilton
Tag(s):

Miller v. Gilliam & Rodriguez (In re Miller)

Citation:
BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published
Case Status:
Reversed
Ruling:
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
Judge(s):
Spaker, Faris, and Lafferty
Tag(s):

Imperium Insurance Company v. Shelton & Associates

Citation:
16-60728 (5th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court held that Shelton made material misrepresentations when he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...
Judge(s):
JOLLY, JONES, and HAYNES
Tag(s):

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

Citation:
18-5378/5386 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Tag(s):

Adkins v Wentz & Wentz (In re Adkins)

Citation:
BAP No. NV-18-1204-KuTaB (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...
Judge(s):
Kurtz, Taylor, Brand
Tag(s):

Badea v. Schwartzer (In re Badea)

Citation:
BAP No. NV-18-1183-BKuTa (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Ninth Circuit BAP affirmed bankruptcy court order sanctioning chapter 7 debtor for suing chapter 7 trustee, without bankruptcy court approval, based upon the Barton doctrine, but reversed and...
Judge(s):
Brand, Kurtz, and Taylor
Tag(s):

Glaser and Khomyakova v. Krohn (In re Glaser and Khomyakov)

Citation:
BAP No. NV-18-1175-KuTaB (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...
Judge(s):
Kurtz, Taylor, Brand
Tag(s):

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