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American Asset Finance LLC v. Feldman (In re Feldman)

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 8 years 11 months ago
Citation:
United States Court of Appeals for the Third Circuit Case No. 16-1073; (D.C. No. 2-14-cv-05267) (3rd Circuit, Apr 14,2017) Not Published
Case Status:
Dismissed
Ruling:
The plaintiff's appeal to the Court of Appeals for the Third Circuit was dismissed where the E.D.Pa. District Court's order vacating the Bankruptcy Court’s summary judgment decision and remand of...
Judge(s):
AMBRO, VANASKIE, and RESTREPO, Circuit Judges
Tag(s):

Windscheffel v. Montebello Unified School District (In re Windscheffel

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 10 months ago
Citation:
BAP No. CC-16-1303-FLKu (9th Circuit, Apr 03,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court's (C.D. Cal.) dismissal of debtor's chapter 11 case for bad faith, finding no error in application of judicially-created bad faith tests, rather than...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

Rizka v. State Farm Fire and Casualty Co.

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 8 years 11 months ago
Citation:
16-1055 (6th Circuit, Apr 12,2017) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the opinion of the District Court for the Eastern District of Michigan, which granted summary judgment in favor of the debtor's homeowner's insurance carrier, finding the...
Judge(s):
Batchelder, Sutton and Kethledge; opinion by Batchelder
Tag(s):

Medical Lien Management, Inc. v. Dampier, Jr. (In re Dampier, Jr.)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP No. CO-16-020 (10th Circuit, Apr 11,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Lansaw v. Zokaites

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 8 years 11 months ago
Citation:
16-1867 (3rd Circuit, Apr 10,2017) Published
Case Status:
Affirmed
Ruling:
Section 362(k)(1) provides "an individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and, in appropriate...
Judge(s):
Fisher, Krause, and Melloy (sitting by designation)
Tag(s):

Lankford v. Wagner

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 8 years 11 months ago
Citation:
16-2221 (10th Circuit, Apr 07,2017) Published
Case Status:
Affirmed
Ruling:
The 10th Circuit affirmed the order of dismissal. The Barton doctrine, derived from Barton v. Barbour, 104 U.S. 126 (1881) and its progeny, "precludes suit against a bankruptcy trustee for claims...
Judge(s):
Kelly, Matheson, and McHugh, Circuit Judges
Tag(s):

PNC Bank v. Sterba

  • Summarized by ,
  • 8 years 11 months ago
Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

U.S. Small Business Administration v. Bensal

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
No. 14-17404 (9th Circuit, Apr 04,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed ruling of district court (N.D. Cal.) in favor of US Small Business Administration. SBA sought to avoid fraudulent transfer under Federal Debt Collection Procedures Act by...
Judge(s):
Hawkins, Berzon, Murguia
Tag(s):

Koyle v. Sand Canyon Corp.

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
No. 16-4035 (10th Circuit, Mar 31,2017) Published
Case Status:
Affirmed
Ruling:
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
Judge(s):
Kelly, Briscoe, Lucero
Tag(s):

First Community Bank v. Gaughan (In re Miller)

  • Summarized by ,
  • 8 years 11 months ago
Citation:
No. 14-16854 (9th Circuit, Mar 31,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
Judge(s):
Tashima, Smith, Korman
Tag(s):

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