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The Golden 1 Credit Union v. Hopper (In re Ahrens)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 7 months ago
Citation:
The Golden 1 Credit Union v. Hopper (In re Ahrens), Case No. EC-16-1065-JuKuMa/EC-16-1117-JuKuMa (consolidated) (9th Cir. B.A.P. Oct, 27, 2016) (unpublished)
Ruling:
Bankruptcy court orders (1) sustaining chapter 7 trustee's objection to creditor's proof of claim, (2) disallowing unsecured portion of creditor's proof of claim, (3) awarding attorney's fees and...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

Galaz v. Katona (In the Matter of Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 7 months ago
Citation:
Case No. 15-50919 (5th Cir. Oct. 28, 2016)
Ruling:
AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
Judge(s):
Clement, Weiner, Costa
Tag(s):

Cottle v. AZ Corp. Commission (In re Cottle)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 8 months ago
Citation:
BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Judge(s):
Jury, Faris, Lafferty
Tag(s):

Rivera v. Deutsche Bank National Trust Co. (In re Rivera)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 8 months ago
Citation:
BAP No. NC-15-1120-KiTaJu (BAP 9th Cir. Oct. 6, 2016)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying chapter 13 debtors' objection to mortgage creditor's claim. BAP agreed with bankruptcy court's...
Judge(s):
Kirscher, Taylor, Jury
Tag(s):

Bayer CropScience, LLC v. Stearns Bank National Association

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 9 months ago
Citation:
No. 15-1967 (8th Cir. Sept. 20, 2016)
Ruling:
The 8th Circuit reversed the decision of the district court (E.D. Mo. - St. Louis), finding the trial court erred in ruling that a creditor's foreclosure extinguished its rights to pursue proceeds...
Judge(s):
Wollman, Benton, Shepherd
Tag(s):

Dubois v. Atlas Acquisitions LLC (In re Dubois)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 10 months ago
Citation:
Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)
Ruling:
The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and...
Judge(s):
Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.
Tag(s):

Liquidating Trust Committee of the Del Biaggio Liquidating Trust v. David Freeman (In re William James Del Biaggio, III)

Citation:
Ninth Circuit Court of Appeals, No. 13-17500 ((August 22, 2016)
Ruling:
General unsecured claim against individual debtor was properly subordinated pursuant to section 510(b) of the Bankruptcy Code because claim arose from an equity investment in an affiliate of the...
Judge(s):
Kozinski, Noonan and O'Scannlain
Tag(s):

Harris v. Scarcelli (In re Oak Knoll Associates, L.P.)

  • Summarized by Lee Harrington , Ascendant Law Group LLC
  • 9 years 10 months ago
Citation:
Harris v. Scarcelli et al. Case No. 15-2189, United States Court of Appeals for the First Circuit (August 19, 2016)
Ruling:
The First Circuit affirmed summary judgment ruling of lower courts against a real estate broker who failed to demonstrate that he was entitled by contract or in equity under the Bankruptcy Code to...
Judge(s):
Jeffery R. Howard, Chief Judge Juan R. Torruellla, Circuit Judge David J. Barron, Circuit Judge
Tag(s):

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