Home » Bankruptcy Process and Procedure

In re Donnadio

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 12 months 3 days ago
Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

Reach, Incorporated v. J. Smith

Citation:
19-60175 (5th Circuit, Nov 20,2019) Not Published
Case Status:
Affirmed
Ruling:
Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...
Judge(s):
King, Graves, Willett (per curiam)
Tag(s):

In re Motors Liquidation Co.: Those Certain Post-Closing Accident

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 1 year 4 days ago
Citation:
18-1940 (2nd Circuit, Nov 19,2019) Published
Case Status:
Affirmed
Ruling:
New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
Judge(s):
Jacobs, Sack, Hall
Tag(s):

In re Shmuel Erde

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 1 week ago
Citation:
BAP No. CC-19-1023-STaL (9th Circuit, Nov 12,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying vexatious litigant's motion to vacate dismissal of bankruptcy 35 years prior. Bankruptcy court properly rejected debtor's...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

In re Joseph and Judith Wilczak

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 1 week ago
Citation:
BAP No. NC-19-1038-FBG (9th Circuit, Nov 13,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
Judge(s):
Faris, Brand, Gan
Tag(s):

Mark DeGiacomo v. Sacred Heart Univeristy (In re Palladino)

Citation:
17-1334 (1st Circuit, Nov 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
Judge(s):
Howard, Torruella, and Lynch
Tag(s):

In re- QDOS, Inc.

Citation:
CC-18-1301-TaFS (9th Circuit, Nov 07,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Before dismissing an involuntary bankruptcy petition based solely on an inadequate number of petitioning creditors, the bankruptcy court must ensure that the debtor's creditors are given notice of...
Judge(s):
TAYLOR, FARIS, and SPRAKER, Bankruptcy Judges
Tag(s):

In re Joy Denby Peterson

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 1 year 3 weeks ago
Citation:
18-3562 (3rd Circuit, Oct 28,2019) Published
Case Status:
Affirmed
Ruling:
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
Judge(s):
McKee, Shwartz, and Fuentes
Tag(s):

Evan Crocker, et al v. Navient Solutions, L.L.C., (In re Crocker)

Citation:
18-20254 (5th Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
In a perplexing ruling regarding a court's ability to enforce the discharge injunction, the Fifth Circuit ruled that only a court in the district that issued the discharge could enforce the...
Judge(s):
STEWART, SOUTHWICK and ENGELHARDT
Tag(s):

In re Health Care Real Estate Partners

Citation:
18-3267 (3rd Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
Judge(s):
CHAGARES, GREENAWAY, JR., and GREENBERG
Tag(s):

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