In re Sherrie Nicole-Lockhart Johnson

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 7 months ago

Citation:

20-1161 (9th Circuit, Jul 28,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Presented with a creditor (CR) seeking to avoid the discharge of debt allegedly caused by a nondebtor spouse's fraud, the BAP found that the CR's non-dischargeability complaint had been...

Judge(s):

Scott H. Gan; Christopher M. Klein; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Valuation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Family/Divorce Issues
• Finance and Banking
• Fed. R. Bankr. P. 7012
• 11 U.S.C § 523(a)(2)(A); 11 U.S.C. § 524(a)(3); 11 U.S.C. § 524(b); 11 U.S.C. § 101(7); 11 U.S.C. § 342(a)

In re Robert Edward Zuckerman

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 7 months ago

Citation:

BAP No. CC-20-1186-TLG (9th Circuit, Jul 28,2021) Not Published

Case Status:

Affirmed

Ruling:

A judgment entered by a California court against a debtor for fraud is entitled to preclusive effect, even if the debtor did not participate in the state-court trial, so long as there is an...

Judge(s):

TAYLOR, LAFFERTY, and GAN, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• § 523(a)(2)(A)

Alan Halperin v. Mark Richards

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 7 months ago

Citation:

20-2793 (7th Circuit, Jul 28,2021) Published

Case Status:

Reversed and Remanded

Ruling:

In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...

Judge(s):

Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Ethics
• Financial Advisors
• Fraud
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Insurance
• Labor/Employment
• Public Companies and Claims Trading

In re Algozine Masonry Restoration, Inc.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 7 months ago

Citation:

20-3384 (7th Circuit, Jul 26,2021) Published

Case Status:

Affirmed

Ruling:

The priority cap for employee benefit plan claims in 11 U.S.C. § 507(a)(5) is determined on a plan-by-plan basis, even if the same union is the sponsor for two or more plans. Section 507(a)(5)'s...

Judge(s):

WOOD, ST. EVE, and KIRSCH

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Claims
• Professional Practice Areas
• Labor/Employment
• 507(a)(5)

Jerry Marsh v. Madison Resource Funding Group

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 7 months ago

Citation:

20-6018 (8th Circuit, Jul 21,2021) Published

Case Status:

Affirmed

Ruling:

Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• Fraud
• Practice and Procedure
• Discharge/Dischargeability
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7052
• 11 U.S.C. § 523(a)(2)(A); 11 U.S.C. § 101(5); 11 U.S.C. § 101(12)

In re John Finstad

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 7 months ago

Citation:

20-1857 (8th Circuit, Jul 21,2021) Published

Case Status:

Affirmed

Ruling:

In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...

Judge(s):

James B. Loken; William D. Benton; and Jane L. Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Agriculture/PACA
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Real Estate
• Small Business
• 11 U.S.C § 105; 28 U.S.C. § 157(b); 28 U.S.C § 1334

In re Adam R. Schiller

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 7 months ago

Citation:

21-6001 (8th Circuit, Jul 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3002(a); Fed. R. Bankr. P. 3015
• 11 U.S.C § 1225(b)(1); 11 U.S.C § 1225(a)(5); 11 U.S.C § 502(b)(9); 11 U.S.C § 506(a)(1); 11 U.S.C § 548(a)(1)

In re Kevin Harris

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 7 months ago

Citation:

19-11286 (11th Circuit, Jul 14,2021) Published

Case Status:

Affirmed

Ruling:

A default judgment against a debtor, on a complaint that alleges alternative causes for liability, does not satisfy the requirements of § 523(a)(2)(A) under Florida law regarding collateral...

Judge(s):

JORDAN, MARCUS, and GINSBURG (United States Circuit Judge for the District of Columbia, sitting by designation)

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(2)(A)

Jeanette Wellers v. Peters

• Summarized by Lars Fuller , BakerHostetler
• 4 years 8 months ago

Citation:

BAP No. 20-040 (10th Circuit, Jul 13,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) order approving settlement between Chapter 7 trustee and creditor regarding allocation of proceeds following sale of Chapter 7 debtor's home....

Judge(s):

Cornish, Michael, Hall

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Small Business
• Rule 9019

In re Anibal Mesala Silva

• Summarized by Lars Fuller , BakerHostetler
• 4 years 8 months ago

Citation:

BAP No. CC-20-1237-GTL (9th Circuit, Jul 06,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...

Judge(s):

Gan, Taylor, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C. 362(a)

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