Home » Bankruptcy Process and Procedure

Scott and De La Rosa v. Branch and Patterson (In re Patterson)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 months 3 weeks ago
Citation:
BAP No. SC-18-1110-LSF (9th Circuit, Apr 17,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) denying debtors' FRBP 7024/Rule 60(b) motion for reconsideration following bankruptcy court's denial of motion for sanctions for...
Judge(s):
Lafferty, Spraker, Faris
Tag(s):

Roberts v. Livdahl (In re Livdahl)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 months 3 weeks ago
Citation:
BAP No. AZ-18-1223-TaLB (9th Circuit, Apr 15,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) overruling objection to chapter 11 plan confirmation by secured creditor. Bankruptcy court properly ruled plan was filed in good...
Judge(s):
Taylor, Lafferty, and Brand
Tag(s):

Church Joint Ventures, L.P. v. Earl Blasingame (In re Blasingame)

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 7 months 3 weeks ago
Citation:
Nos. 18-8010/8013/8018 (6th Circuit, Apr 15,2019) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that (i) an action to determine that personal property is property of the bankruptcy estate need not be pleaded with particularity, (ii) there is...
Judge(s):
Opperman, Price Smith, and Wise
Tag(s):

In re Earl Blasingame

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 8 months 6 days ago
Citation:
18-5549/5623 (6th Circuit, Apr 03,2019) Published
Case Status:
Affirmed
Ruling:
In this consolidated appeal, the Court of Appeals affirmed the Bankruptcy Court decisions to dismiss two claims brought by a creditor derivatively on behalf of the Chapter 7 Trustee: a claim...
Judge(s):
Griffin, Kethledge and Thapar; Opinion by Thapar
Tag(s):

Wendy Nora v. HSBC Bank USA, N.A.

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 8 months 1 week ago
Citation:
18-1866 & 18-1889 (7th Circuit, Apr 01,2019) Not Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit affirmed the District Court’s decisions with sanctions.
Judge(s):
Wood, Brennan and St. Eve
Tag(s):

Barker v. Eiler (In re Principia Equitas)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 months 1 week ago
Citation:
BAP No. OR-18-1128-SKuF (9th Circuit, Mar 28,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Or.) denying non-debtor principal's claim objection against secured creditor who had not filed proof of claim. Secured creditor did not...
Judge(s):
Spraker, Kurtz, Faris
Tag(s):

Migrant Health Center, Inc. v. Commonwealth of Puerto Rico

Citation:
18-1783 (1st Circuit, Mar 21,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
Judge(s):
Lynch, Thompson and Baron
Tag(s):

Singh v, Singh (In re Singh)

Citation:
BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published
Case Status:
Affirmed
Ruling:
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Judge(s):
FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges
Tag(s):

City of Chicago v. Marilyn O. Marshall (In re Steenes)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 8 months 3 weeks ago
Citation:
Nos. 17-3630, 17-3663 & 17-3664 (7th Circuit, Mar 14,2019) Published
Case Status:
Reversed
Ruling:
Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
Judge(s):
Easterbrook, Rovner, and Hamilton
Tag(s):

Miller v. Gilliam & Rodriguez (In re Miller)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 8 months 4 weeks ago
Citation:
BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published
Case Status:
Reversed
Ruling:
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
Judge(s):
Spaker, Faris, and Lafferty
Tag(s):

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