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In re Thomas Perez

Summarizing by Bradley Pearce

In re Nathaneil Basola Sobayo

Summarizing by Lars Fuller

Dennis Black v. Pension Benefit Guaranty Corp.

Citation:
19-1419 (6th Circuit, Dec 28,2020) Published
Case Status:
Affirmed
Ruling:
Affirming the lower court’s grant of summary judgment to the Pension Benefit Guaranty Corp. (PBGC), the U.S. Court of Appeals for the Sixth Circuit (Circuit) held that the termination of a...
Judge(s):
Eugene E. Siler Jr.; Julia S. Gibbons; and John B. Nalbandian
Tag(s):

In re Kathryn MacEwen Conti

Citation:
20-1172 (6th Circuit, Dec 14,2020) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit) affirmed the grant by the U.S. Bankruptcy Court for the Eastern District of Michigan (BC), itself blessed by the U.S. District Court...
Judge(s):
R. Guy Cole Jr.; Bernice B. Donald; and Chad A. Readler
Tag(s):

James Quezada, et al v. IRS

Citation:
19-51000 (5th Circuit, Dec 11,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Taxpayer/Debtor filed IRS forms 1040 and 1099 which contained data sufficient to show the taxpayer was liable for certain backup-withholding taxes. Those forms constituted a "return" that began the...
Judge(s):
Jolly, Jones and Willet
Tag(s):

In re Serapio Venegas

Citation:
CC-20-1077-GLS (9th Circuit, Dec 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the denial by the United States Bankruptcy Court for the Central District of California (BC) of the dispositive motion (Motion),...
Judge(s):
Scott H. Gan; William Lafferty; and Gary A. Spraker
Tag(s):

In re John Jean Bral

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1039-STL (9th Circuit, Nov 30,2020) Published
Case Status:
Affirmed
Ruling:
Creditor's claim did not assert a pre-petition state law cause of action separate from the Bankruptcy Code. Rather, the claim arose from the initial bankruptcy filing. Therefore, the claim is...
Judge(s):
Honorable Spraker, Taylor, and Lafferty
Tag(s):

In re Bernd Schaefers

Citation:
20-1067 (9th Circuit, Dec 01,2020) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the disallowance, by the U.S. Bankruptcy Court for the Central District of California (BC), of the Debtor's claim of a homestead...
Judge(s):
Gary A. Spraker; Scott H. Gan; and William Lafferty
Tag(s):

In re: Philip Charles DeVries

Citation:
20-6011 (8th Circuit, Nov 25,2020) Published
Case Status:
Reversed
Ruling:
As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...
Judge(s):
Barry S. Schermer (Author); Charles L. Nail, Jr.; and Dennis R. Dow
Tag(s):

In re Leucadia Group, LLC

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. SC-20-1066-GFB (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
Full Faith and Credit Act requires bankruptcy courts to give the same preclusive effect to a state court judgment. Under Georgia law, a voluntary dismissal with prejudice operates as an...
Judge(s):
Honorable Gan, Faris, and Brand, Bankruptcy Judges
Tag(s):

In re Twiford Enterprises, Inc.

Citation:
United States Bankruptcy Appellate Panel Case No. WY-19-037 (10th Circuit, Oct 15,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court award of postpetition interest, attorneys’ fees, and costs to the Bank. The BAP specified that the bankruptcy court's prior order which overruled the...
Judge(s):
The Hons. Somers, Jacobvitz, and Loyd
Tag(s):

In re Dennis Baham

Citation:
NV-20-1081-TaBG (9th Circuit, Sep 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Judge(s):
Laura S. Taylor; Julia W. Brand; and Scott H. Gan
Tag(s):

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