IN RE: VITAMINS ONLINE, INC. V. HEARTWISE

• Summarized by Michael Myers , Ballard Spahr LLP
• 6 months 3 weeks ago

Citation:

22-60060 (9th Circuit, Jun 20,2024) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel and bankruptcy court decisions to permissively abstain from resolving its competing claims with its former counsel,...

Judge(s):

MURGUIA, Chief Judge, and CHRISTEN and VANDYKE

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction
• 28 U.S.C. § 157

IN RE: A&D PROPERTY CONSULTANTS, LLC, ET

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 6 months 3 weeks ago

Citation:

23-60040 & 23-60041 (9th Circuit, Jun 06,2024) Not Published

Case Status:

Affirmed

Ruling:

Resolving consolidated appeals by A&D Property Consultants LLC (AD) of a decision by the circuit's bankruptcy appellate panel (BAP) affirming two bankruptcy court (BC) orders, the U.S. Court of...

Judge(s):

Sidney R. Thomas; Eric D. Miller; and Richard D. Bennett

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7013
• 11 U.S.C. § 363(b)(1); 11 U.S.C. § 363(e); 11 U.S.C. § 363(f); 11 U.S.C. § 363(h); 11 U.S.C. § 541(a)(1)

WILLIAM F. KAETZ V. ECMC; EXPERIAN; TRANSUNION; EQUIFAX

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 6 months 3 weeks ago

Citation:

No. 23-2897 (3rd Circuit, Jun 18,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential per curiuam opinion, the Third Circuit affirmed the decision of the District Court dismissing the pro se debtor, William Kaetz's, complaint against a student loan servicer...

Judge(s):

JORDAN, RESTREPO, and FREEMAN, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(8)

In re: RONALD WILLIAM KIPPS

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 7 months 1 day ago

Citation:

23-2307 & 23-2308 (3rd Circuit, May 07,2024) Not Published

Case Status:

Affirmed

Ruling:

As had the U.S. District Court for the Middle District of Pennsylvania (DC), the U.S. Court of Appeals for the Third Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the...

Judge(s):

David J. Porter; Tamika Montgomery-Reeves; and Jane Richards Roth

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Debt
• Family/Divorce Issues
• 11 U.S.C. § 362(a)(1); 11 U.S.C. § 362(b)(2)(A)(iv); 11 U.S.C. § 501; 11 U.S.C. § 502; 11 U.S.C. § 1322(d)(2)

Sheldon Stone v. Citizens Equity First Credit Union

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 7 months 6 days ago

Citation:

No. 23-2965 (7th Circuit, Jun 03,2024) Not Published

Case Status:

Affirmed

Ruling:

Finding that the text of Illinois’ version of the Uniform Fraudulent Transfer Act set up multiple ways in which a business can be insolvent for purposes of fraudulent transfer liability, the...

Judge(s):

EASTERBROOK, JACKSON-AKIWUMI and LEE

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• Preferences

IN RE: MICHAEL G. KASOLAS V. AURORA CAPIT

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 7 months 6 days ago

Citation:

23-60022 (9th Circuit, Jun 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit (Circuit) affirmed the dismissal of the decision of the circuit's Bankruptcy Appellate Panel (BAP) to affirm the partial dismissal of an adversary...

Judge(s):

Sidney R. Thomas; Gabriel P. Sanchez; and Consuelo Callahan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Fraudulent Transfers
• Practice and Procedure
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• 11 U.S.C § 541; 11 U.S.C § 549(a)

Ava Cannie v. Jacksonville Golf & Country Club Property Owners A, et al

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 7 months 1 week ago

Citation:

23-11705 (11th Circuit, May 30,2024) Not Published

Case Status:

Affirmed

Ruling:

The Eleventh Circuit affirmed the decision of the bankruptcy court, because the debtor failed in her opening brief to address one of the two alternative holdings of the bankruptcy court. More...

Judge(s):

Newsom, Branch, and Anderson

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure

Charles Breland, Jr. v. Commissioner of IRS

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 7 months 1 week ago

Citation:

23-12345 (11th Circuit, May 31,2024) Not Published

Case Status:

Affirmed

Ruling:

The Eleventh Circuit affirmed the tax court's determination that the consent order entered between the IRS and Breland during the pendency of his chapter 11 bankruptcy did not fix Breland's tax...

Judge(s):

Wilson, Branch, and Luck, Circuit Judges.

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Claims
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Bankruptcy Taxation

IN RE: TIFFANY D. SMITH

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 2 weeks ago

Citation:

22-3418 (3rd Circuit, May 22,2024) Published

Case Status:

Affirmed

Ruling:

Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...

Judge(s):

JORDAN, BIBAS, and PORTER

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 1327(a)
• 1329(a). 1329(d)

Patricia Lee v. U.S. Bank National Association

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 1 week ago

Citation:

21-13887 (11th Circuit, May 23,2024) Published

Case Status:

Affirmed

Ruling:

In a split opinion (Chief Judge Pryor, dissenting) -- in which both the majority and the dissent focused on the meaning of the word "is" -- the Eleventh Circuit held that 11 U.S.C. § 1125(a)(3)...

Judge(s):

WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir-cuit Judges

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Mortgage
• 1123(b)(5)
• 101(13A)(A)
• 101(27B)(A)

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