Marshall v. McCarty (In re: Marshall)

Citation:
18-6024 (8th Circuit, Feb 28,2019) Not Published
Case Status:
Affirmed
Ruling:
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Judge(s):
Saladino, Nail, and Dow
Tag(s):

BMO Harris Bank N.A. v. Carol Anderson

Citation:
No. 17-3073 (7th Circuit, Feb 26,2019) Published
Case Status:
Affirmed
Ruling:
Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...
Judge(s):
Easterbrook, Kanne, Brennan
Tag(s):

Marshall v. Blake

Citation:
17-2809 (7th Circuit, Mar 22,2018) Published
Case Status:
Affirmed
Ruling:
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Judge(s):
Flaum, Bauer, and Manion
Tag(s):

Gonzalez v. Owens Corning

Citation:
No. 16-2653 (3rd Circuit, Mar 19,2018) Published
Case Status:
Affirmed
Ruling:
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Judge(s):
CHAGARES, JORDAN, and HARDIMAN
Tag(s):

Diamond v. Hogan Lovells US LLP

Citation:
15-16326, 15-16327, 15-16328, 15-16329, 15-16330, 15-16331, 15-16332, a5-16333 (9th Circuit, Feb 27,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Issues raised by the bankruptcy trustee's litigation can be resolved only by application of unresolved District of Columbia laws. As a result, the following questions are certified to the District...
Judge(s):
GOULD, MURGUIA, FREUDENTHAL (D. Wyo., sitting by designation)
Tag(s):

Peake v. Ayobami

Citation:
16-20589 (5th Circuit, Jan 03,2018) Published
Case Status:
Affirmed
Ruling:
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself. NOTE: this is a narrow...
Judge(s):
JOLLY, SMITH, GRAVES
Tag(s):

Antioch Co. Litigation Trust v. Morgan, et al.

Citation:
File Name 15a0778n.06; Docket No. 14-3790
Ruling:
The Sixth Circuit Court of Appeals affirmed in part and reserved in part pending certification of a question to the Ohio Supreme Court. The Court of Appeals affirmed dismissal of claims alleging...
Judge(s):
Guy, Moore and Kethledge, opinion by Guy
Tag(s):

Frealy v. Reynolds

Citation:
Frealy v. Reynolds, No. 12-60068 (9th Cir. Mar. 9, 2015).
Ruling:
The Ninth Circuit has asked the California Supreme Court whether Probate Code § 15306.5 imposes an absolute cap of 25% on a bankruptcy estate’s access to a debtor-beneficiary’s interest in a...
Judge(s):
Alex Kozinski and Susan P. Graber, Circuit Judges, and Charles R. Breyer, Senior District Judge for the Northern District of California, sitting by designation.
Tag(s):

Bullard v. Hyde Park Savings Bank (In re Bullard)

Citation:
U.S.C.A., 1st Cir., No. 13-9009
Ruling:
An intermediate appellate court's affirmance of a bankruptcy court's denial of confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...
Judge(s):
Thompson, Stahl and Kayatta
Tag(s):

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