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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Michael Myers

In re: DEBBIE REID O'GORMAN

Citation:
BAP No. NC-22-1062-BFT (9th Circuit, Dec 21,2022) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...
Judge(s):
Brand, Faris, and Taylor
Tag(s):

Frank McIntyre v. Dennis Fangman, et al.

Citation:
BAP No. CO-22-003 (10th Circuit, Dec 30,2022) Not Published
Case Status:
Affirmed
Ruling:
Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...
Judge(s):
HALL, LOYD, and THURMAN, Bankruptcy Judges
Tag(s):

Frank McIntyre v. Active Energies Solar, LLC, et al.

Citation:
22-004 (10th Circuit, Dec 30,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to abstain from adjudicating the adversary...
Judge(s):
Sarah A. Hall; Janice D. Lloyd; and William T. Thurman
Tag(s):

In re: Julie Marie Wood

Citation:
No. 22-8003 (6th Circuit, Dec 13,2022) Published
Case Status:
Affirmed
Ruling:
Despite multiple "red herring arguments" Appellant's failure to meet the well-settled requirements for opposing a properly-supported summary judgment motion supported the bankruptcy court's finding.
Judge(s):
DALES, GUSTAFSON, and MASHBURN
Tag(s):

IN RE: LATAM AIRLINES GROUP S.A.,

Citation:
22-1940 (2nd Circuit, Dec 14,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...
Judge(s):
Pierre N. Leval; Denny Chin; and Eunice C. Lee
Tag(s):

In re: ALLEN BEAL

Citation:
21-4124 (10th Circuit, Dec 14,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Utah (DC) that itself affirmed the denial of a motion to extend time to...
Judge(s):
Harris L. Hartz; Robert E. Bacharach; and Nancy Moritz
Tag(s):

In re: THEOPHILUS SHAWN WILLIAMS,

Citation:
22-1067 (10th Circuit, Dec 13,2022) Published
Case Status:
Affirmed
Ruling:
A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...
Judge(s):
HOLMES, Chief Judge, HARTZ and ROSSMAN
Tag(s):

Azby Fund v. Wadsworth Estates

Citation:
No. 22-30092 (5th Circuit, Dec 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...
Judge(s):
Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt
Tag(s):

In re: COEPTIS EQUITY FUND LLC

Citation:
BAP NOS. NC-22-1135-GBS; NC22-1136-GBS; NC22-1138GBS; Bk. No. 21-30726 (9th Circuit, Dec 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The court acted within its discretion to remove the debtor as debtor in possession of its chapter 11 Subchapter V case for cause and allow the trustee to convert the case to one under chapter 7...
Judge(s):
GAN, BRAND, and SPRAKER
Tag(s):

In re: THEOS FEDRO HOLDINGS, LLC

Citation:
22-1115 (9th Circuit, Dec 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the an order by the U.S. Bankruptcy Court for the Northern District of California (BC) granting the motions to dismiss the...
Judge(s):
Gary A. Spraker; Scott H. Gan; and Julia W. Brand
Tag(s):

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