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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Michael Myers

In re: Louis N. Delloso

Citation:
No. 22-2532 (3rd Circuit, Jul 10,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order denying a creditor's motion to reopen a chapter 7 case five years after closure. The deadlines for the creditor...
Judge(s):
KRAUSE, BIBAS and RENDELL
Tag(s):

Brugnara v. PSG Mortgage Lending Corp. (In re: PSG Mortgage Lending Corp.)

Citation:
BAP No. NC-22-1065-GBS (9th Circuit, Jun 29,2023) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a motion to remand a removed civil action and in granting a summary judgment for the...
Judge(s):
GAN, BRAND, and SPRAKER
Tag(s):

In re: CHRISTIAN GADBOIS

Citation:
BAP No. CC-23-1012-LSF (9th Circuit, Jun 28,2023) Not Published
Case Status:
Affirmed
Ruling:
A debtor who did not assume a lease in his chapter 13 plan and who did not disclose ownership of any business-related property in his Schedules and Statement of Financial Affairs was estopped from...
Judge(s):
LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges
Tag(s):

In re: RITA RAMOS CURIEL

Citation:
BAP Nos. CC-22-1246-SGF and CC-22-1247-SGF (9th Circuit, Jun 23,2023) Published
Case Status:
Reversed and Remanded
Ruling:
Section 1191(c)(3) requires bankruptcy courts to take a "harder look" at a plan's feasibility than is required under § 1129(b)(2)(A) in order to confirm a subchapter V plan over a secured...
Judge(s):
SPRAKER, GAN, and FARIS, Bankruptcy Judges
Tag(s):

MANN V. LSQ FUNDING GROUP, L.C. (IN RE ENGSTROM, INC.)

Citation:
22-2436 (7th Circuit, Jun 22,2023) Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Seventh Circuit (“7th Cir.”) affirmed the entry of summary judgment in favor of creditor LSQ Funding Group, L.C. (“LSQ”) and against Douglas Mann,...
Judge(s):
Ripple, Scudder, and St. Eve (opinion author)
Tag(s):

Albaad USA, Inc. v. GPMI, Co. (In re: GPMI, Co.)

Citation:
BAP No. AZ-22-1231-CLB (9th Circuit, Jun 21,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order confirming a debtor/appellee's chapter 11 plan over objections by an appellant/unsecured creditor. The...
Judge(s):
CORBIT, LAFFERTY, and BRAND
Tag(s):

In re: NTI-NV, Inc.,

Citation:
22-1248-BCL (9th Circuit, Jun 15,2023) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the District of Nevada (BC) converting the chapter 11 case of NTI-NC Inc. (DR), both...
Judge(s):
Julia W. Brand; Frederick P. Corbit; and William J. Lafferty III
Tag(s):

RDNJ Trowbridge v. Chesapeake

Citation:
21-20323 (5th Circuit, Jun 08,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals held that the bankruptcy court’s handling of approval of the settlement of class claims, “predicated on 28 U.S.C. § 1334(a) or (b), rather than in the court where the...
Judge(s):
Judge Edith H. Jones, Judge James C. Ho, and Judge Cory T. Wilson
Tag(s):

In re: HILDE VAN DER WESTHUIZEN

Citation:
BAP No. CC-22-1133-CLS (9th Circuit, Jun 02,2023) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel reversed and remanded the bankruptcy court's entry of summary judgment in favor of plaintiff's section 523(a)(6) claim against the debtor defendant...
Judge(s):
CORBIT, LAFFERTY, and SPRAKER
Tag(s):

In re: CPESAZ LIQUIDATING, INC

Citation:
CC-22-1156-FSG and CC-22-1157-FSG (9th Circuit, Jun 02,2023) Not Published
Case Status:
Affirmed
Ruling:
Participants in an ESOP plan established by an S corporation have claims against the plan, not against the corporation itself. As a result, the plan participants' claims were disallowed,
Judge(s):
FARIS, SPRAKER, and GAN, Bankruptcy Judges
Tag(s):

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