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In re Medina

Citation:
BAP No. SC-19-1299-FSG (9th Circuit, Aug 14,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Judge(s):
FARIS, SPRAKER, and GAN, Bankruptcy Judges
Tag(s):

In re David and Terry Stewart

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 6 months ago
Citation:
Nos. 19-6103 & 19-6104 (10th Circuit, Aug 14,2020) Published
Case Status:
Reversed and Remanded
Ruling:
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
Judge(s):
Hartz, Baldock, Eid
Tag(s):

In re Donald and Jane Nichols

Citation:
BAP No. AZ-20-1032-TaLB (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
Judge(s):
TAYLOR, LAFFERTY, and BRAND, Bankruptcy Judges
Tag(s):

BBX Operating, L.L.C. v. Bank of America, N.A.

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 7 months ago
Citation:
No. 19-11050 (5th Circuit, Aug 11,2020) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (ND Tx), which affirmed ruling of bankruptcy court dismissing creditor's claims against non-debtor bank for failure to state a claim. Unsecured...
Judge(s):
Smith, Graves, Ho
Tag(s):

In re Fansteel Foundry Corporation

Citation:
20-6005 (8th Circuit, Aug 07,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
Tag(s):

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

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 7 months 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.
  • 5 years 7 months 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 , Bricker Graydon LLP
  • 5 years 7 months 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):

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