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In re Energy Future Holdings Corp.

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 6 years 2 weeks ago
Citation:
19-1430 (3rd Circuit, Mar 18,2020) Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
Tag(s):

Trendsetter HR L.L.C., et al v. Zurich American In

Citation:
19-10056 (5th Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
(1) The bankruptcy court did not err by awarding the creditor both unpaid invoices and future claims. (2) The creditor's unpaid-invoices claim is recognized under applicable state law, and thus...
Judge(s):
ELROD, WILLETT, and OLDHAM
Tag(s):

Ocwen Loan Servicing v. Marino (In re Marino)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 1 month ago
Citation:
Nos. 18-60005, 18-60006, 18-60040, 18-60041 (9th Circuit, Feb 10,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
Judge(s):
Wallace, Murguia, Lasnik
Tag(s):

Wendy Owens v. Randy Royal, Chapter 7 Trustee

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 1 month ago
Citation:
BAP No. WY-19-027 (10th Circuit, Jan 29,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
Judge(s):
Nugent, Michael, Mosier
Tag(s):

In re Kent and Carley Rae Burton

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 1 month ago
Citation:
BAP No. AZ-19-1126-LTaF (9th Circuit, Jan 14,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed dismissal of chapter 13 case after bankruptcy court (D. Az.) determined that debtors' potential recovery from marijuana business lawsuit created impermissible risk of...
Judge(s):
Lafferty, Taylor, Faris
Tag(s):

In re Blake and India Rose Mcharo

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 1 month ago
Citation:
BAP No. OR-19-1010-LTaF (9th Circuit, Jan 09,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...
Judge(s):
Lafferty, Taylor, Faris
Tag(s):

In re Theodore Perez

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 6 years 2 months ago
Citation:
Bankruptcy Applllate Panel of the Sixth Circuit, Case No. 18-8036; File Name: 19b0008n.06 (6th Circuit, Dec 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...
Judge(s):
Buchanan, Dales and Opperman (BAP Judges)
Tag(s):

In re Richard Black

Citation:
BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published
Case Status:
Reversed
Ruling:
1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
Judge(s):
FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
Tag(s):

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Judge(s):
Oldham, Clement, Duncan
Tag(s):

Rai v. Henderson (In re VCR I, LLC)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 2 months ago
Citation:
19-60163 (5th Circuit, Dec 19,2019) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of appeal as statutorily moot under 11 USC 363(m). The record amply supported the bankruptcy court's findings that the purchasers were "good faith" purchasers, despite...
Judge(s):
Owen, Haynes and Costa (per curiam)
Tag(s):

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