Home » Bankruptcy Process and Procedure

SE Property Holdings, L.L.C. v. Jeffrey Green, et al

  • Summarized by Lars Fuller , BakerHostetler
  • 3 months 2 weeks ago
Citation:
No. 19-30325 (5th Circuit, Aug 03,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...
Judge(s):
Dennis, Graves, Willett
Tag(s):

In re Jeffrey Rockwell

Citation:
19-2074 (1st Circuit, Jul 30,2020) Published
Case Status:
Affirmed
Ruling:
Upon conversion to chapter 7, the homestead exemption claimed on the original chapter 13 case, maintains the status it held on the day of the filing of the bankruptcy petition.
Judge(s):
Thompson, Lipez, and Kayatta
Tag(s):

GPIF Aspen Club LLC v. The Aspen Club & Spa, LLC

Citation:
BAP No. CO-19-043 (10th Circuit, Jul 24,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

Ky. Employees Retirement Sys. v. Seven Counties Servs., Inc.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 4 months 5 days ago
Citation:
16-5569/5644 (6th Circuit, Jul 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
Judge(s):
Cole, McKeague, Stranche
Tag(s):

In re Franklin Harris, Jr.

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 4 months 4 days ago
Citation:
No. 19-4081; File Name: 20a0219p.06 (6th Circuit, Jul 17,2020) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed the district court's holding that the bankruptcy court did not abuse its discretion when it decided to abstain from hearing an adversary proceeding brought by the Chapter 13...
Judge(s):
Cole (Chief Judge), Guy and Bush, Circuit Judges.
Tag(s):

In re Javedanfar

  • Summarized by Lars Fuller , BakerHostetler
  • 4 months 1 week ago
Citation:
BAP No. CC-19-1265-TaFL (9th Circuit, Jul 08,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) awarding fraudulent transfer plaintiff-assignee damages, fees, and costs on 11 USC 544, 548, and 550 claims. Bankruptcy court did not...
Judge(s):
Taylor, Faris, Lafferty
Tag(s):

In re Sarah Margaret Taylor

  • Summarized by Lars Fuller , BakerHostetler
  • 4 months 5 days ago
Citation:
BAP No. HI-18-1197-GBS (9th Circuit, Jul 08,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Haw.) approving chapter 7 trustee's motion to approve settlement over objection of debtor. Bankruptcy court did not abuse discretion in...
Judge(s):
Gan, Brand, Spraker
Tag(s):

In re Shawne Merriman

Citation:
BAP No. CC-19-1245-LTaF (9th Circuit, Jul 13,2020) Published
Case Status:
Affirmed
Ruling:
The Supreme Court's opinion in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696 (2020), does not prohibit a bankruptcy court from fashioning nunc pro tunc...
Judge(s):
LAFFERTY, TAYLOR, and FARIS, Bankruptcy Judges
Tag(s):

In re Carol Engen

  • Summarized by Lars Fuller , BakerHostetler
  • 4 months 1 week ago
Citation:
BAP No. WW-20-1019-BSG (9th Circuit, Jul 06,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (WD Wash) dismissing chapter 13 case for cause under 11 USC 1307(c), including delay prejudicial to creditors. Debtor's failure to make...
Judge(s):
Brand, Spraker, Gan
Tag(s):

Freddie Brown v. Mary Viegelahn

  • Summarized by Craig Geno , Craig M. Geno, PLLC
  • 5 months 2 weeks ago
Citation:
19-50177 (5th Circuit, Jun 08,2020) Published
Case Status:
Reversed and Remanded
Ruling:
In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
Judge(s):
Southwick, Graves and Englehardt
Tag(s):

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