Kemp v. U.S. Department of Education

Citation:
17-6032 (8th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Judge(s):
SALADINO, NAIL and SHODEEN
Tag(s):

Zardinovsky v. Arctic Glacier Income Fund

Citation:
17-2522 (3rd Circuit, Aug 20,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order dismissing adversary proceeding as barred by plan releases is affirmed. A confirmed plan is res judicata as to all issues decided or which could have been decided at...
Judge(s):
Smith, Hardiman and Bibas (author)
Tag(s):

Moti Partners, LLC v. Desert Palace, Inc. (In re Caesars Entertainment Operating Co., Inc.)

Citation:
BAP No. NV-17-1386-LBTa (9th Circuit, Aug 20,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...
Judge(s):
Lafferty, Brand, and Taylor
Tag(s):

Bennett v. Jefferson County, AL

Citation:
15-11690 (11th Circuit, Aug 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The doctrine of equitable mootness applies to confirmed plans in chapter 9 (as well as chapter 11 and 13) bankruptcy cases. To the extent that constitutional rights may be affected in chapter 9...
Judge(s):
TJOFLAT, MARTIN, and JORDAN
Tag(s):

Kaye v. Blue Bell Creameries, Inc.

Citation:
17-13588 (11th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...
Judge(s):
Martin, Circuit Judge, Julie Carnes, Circuit Judge, and Gilman, Circuit Judge
Tag(s):

Sandoval v. Taylor

Citation:
17-1241 (10th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
10th Cir. (D. Colo.) reversed and remanded ruling of bankruptcy court (D. Colo.) on direct appeal finding that proper calculation for lien avoidance under 11 USC 522(f) for jointly owned property...
Judge(s):
Lucero, Phillips, Moritz
Tag(s):

21st Mortgage Corp. v. Glenn

Citation:
No. 17-60533 (5th Circuit, Aug 13,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of district court (ND. Miss.), affirming bankruptcy court, which overruled secured creditor's objection to chapter 13 plan treatment for failure to include one time...
Judge(s):
Elrod, Costa, Ho
Tag(s):

Continental Casualty Co. v. Carr, et al.

Citation:
17-1208 (3rd Circuit, Aug 14,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
Judge(s):
Ambro, Circuit Judge
Tag(s):

Auslander v. Murray

Citation:
17-1272 (2nd Circuit, Aug 14,2014) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
Judge(s):
Walker, Hall, and Lohier, Circuit Judges
Tag(s):

Cocoma v. Nigam

Citation:
CO-17-044 and CO-17-045 (10th Circuit, Aug 09,2018) Not Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed the judgment of bankruptcy court denying claims for nondischargeability of debt under 11 U.S.C. 523(a)(2)(A) and (a)(6), which excepts from discharge any debt obtained “for...
Judge(s):
CORNISH, JACOBVITZ, and HALL
Tag(s):

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