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In re: ARMIN DIRK VAN DAMME

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 2 years 11 months ago
Citation:
BAP No. NV-22-1175-GCB (9th Circuit, Apr 12,2023) Not Published
Case Status:
Affirmed
Ruling:
Under the principles of claim preclusion, a prior Rule 12(b)(6) dismissal of the debtor's claims by the United States District Court precluded the debtor from reasserting the same claims in...
Judge(s):
GAN, CORBIT, and BRAND, Bankruptcy Judges
Tag(s):

In re: ALEX A. KHADAVI

Citation:
22-1205 (9th Circuit, Apr 03,2023) Not Published
Case Status:
Affirmed
Ruling:
U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment by the U.S. Bankruptcy Court for the Central District of California (BC), declaring that the...
Judge(s):
Gary A. Spraker; Frederick P. Corbit; and William J. Lafferty III
Tag(s):

In re: SIMON VERNON RODRIGUEZ and MARILYN KAY SCHIPULL

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 2 years 11 months ago
Citation:
BAP No. NV221174CBG (9th Circuit, Apr 03,2023) Published
Case Status:
Affirmed
Ruling:
Section 523(a)(19) of the Bankruptcy Code does not require a judgment creditor to re-litigate securities violations in bankruptcy court if a court of competent jurisdiction has entered a judgment...
Judge(s):
CORBIT, BRAND, and GAN, Bankruptcy Judges
Tag(s):

Murray v. Safir Law P.L.C. (In re Murray)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 11 months ago
Citation:
22-1514 (6th Circuit, Mar 29,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit concluded that a bankruptcy court did not abuse its discretion in declining to exercise residual jurisdiction over claims alleged in an adversary...
Judge(s):
COLE, CLAY, and GRIFFIN
Tag(s):

In re: ELIZABETH ANN RAMSEY

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 2 years 11 months ago
Citation:
BAP No. NV-22-1202-BGC (9th Circuit, Mar 23,2023) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the bankruptcy judge's denial of a debtor defendant's motion for attorneys' fees under Section 523(d) after the debtor prevailed...
Judge(s):
BRAND, GAN, and CORBIT
Tag(s):

IN RE: KIMBALL HILL, INC., et al

Citation:
22-1724 (7th Circuit, Mar 03,2023) Published
Case Status:
Affirmed
Ruling:
In an opinion affirming a contempt finding by the U.S. Bankruptcy Court for the Northern District of Illinois (BC) affirmed by the U.S. District Court for the Northern District of Illinois (DC),...
Judge(s):
Michael Y. Scudder; Thomas Kirsch; and Candace Jackson-Akiwumi
Tag(s):

In re: MOMENTUM DEVELOPMENT, LLC,

Citation:
BAP No. CC221084 (9th Circuit, Mar 02,2023) Published
Case Status:
Affirmed
Ruling:
A bankruptcy trustee's action to avoid a transfer under 11 U.S.C. § 544(b) and Cal. Civ. Code § 3439.09 nearly seven years after the transfer occurred was timely because California law provides...
Judge(s):
CORBIT, FARIS, and LAFFERTY, Bankruptcy Judges
Tag(s):

IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

Citation:
22-9001 (1st Circuit, Feb 22,2023) Published
Case Status:
Affirmed
Ruling:
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
Tag(s):

IN RE: DONALD C. KUPPERSTEIN

Citation:
22-1287 (1st Circuit, Feb 22,2023) Published
Case Status:
Affirmed
Ruling:
The First Circuit affirmed the bankruptcy court (D. Mass.) which granted Appellees’ Motion for Summary Judgment on the count for a denial of discharge due to a false oath under 11 U.S.C. §...
Judge(s):
Selya and Lynch, Circuit Judges, and McElroy, District Judge.
Tag(s):

Licup v. Jefferson Ave. Temecula, LLC (In re Licup)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 3 years 2 weeks ago
Citation:
BAP No. SC-22-1111-GBS (9th Circuit, Feb 21,2023) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
Judge(s):
GAN, BRAND, and SPRAKER
Tag(s):

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