In re: MOMENTUM DEVELOPMENT, LLC,

Citation:
BAP No. CC221084 (9th Circuit, Mar 02,2023) Published
Case Status:
Affirmed
Ruling:
A bankruptcy trustee's action to avoid a transfer under 11 U.S.C. § 544(b) and Cal. Civ. Code § 3439.09 nearly seven years after the transfer occurred was timely because California law provides...
Judge(s):
CORBIT, FARIS, and LAFFERTY, Bankruptcy Judges
Tag(s):

IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

Citation:
22-9001 (1st Circuit, Feb 22,2023) Published
Case Status:
Affirmed
Ruling:
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
Tag(s):

IN RE: DONALD C. KUPPERSTEIN

Citation:
22-1287 (1st Circuit, Feb 22,2023) Published
Case Status:
Affirmed
Ruling:
The First Circuit affirmed the bankruptcy court (D. Mass.) which granted Appellees’ Motion for Summary Judgment on the count for a denial of discharge due to a false oath under 11 U.S.C. §...
Judge(s):
Selya and Lynch, Circuit Judges, and McElroy, District Judge.
Tag(s):

Licup v. Jefferson Ave. Temecula, LLC (In re Licup)

Citation:
BAP No. SC-22-1111-GBS (9th Circuit, Feb 21,2023) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
Judge(s):
GAN, BRAND, and SPRAKER
Tag(s):

In re: SOON HEE KIM

Citation:
22-1143 (9th Circuit, Feb 15,2023) Not Published
Case Status:
Affirmed
Ruling:
Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
Tag(s):

In re: JILL SUZANN MEDLEY

Citation:
22-1167 (9th Circuit, Feb 13,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
Tag(s):

In re: LTL MANAGEMENT, LLC

Citation:
22-2003, 22-2004, 22-2005, 22-2006, 22-2007, 22-2008, 22-2009, 22-2010, 22-2011 (3rd Circuit, Jan 30,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy case must be dismissed because the debtor is not in imminent financial distress. In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
Judge(s):
AMBRO, RESTREPO, and FUENTES
Tag(s):

Wendy Adelson v. Ocwen Loan Servicing, LLC

Citation:
22-2204 & 21-2972 (6th Circuit, Jan 31,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
Tag(s):

In re: DANIEL RICHARD DOLL

Citation:
22-1004 (10th Circuit, Jan 18,2023) Published
Case Status:
Affirmed
Ruling:
When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
Judge(s):
HOLMES, EBEL, and EID
Tag(s):

In re: METAL RECOVERY SOLUTIONS, INC

Citation:
22-1081 (9th Circuit, Jan 17,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
Tag(s):

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