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In re Thomas Perez

Summarizing by Bradley Pearce

In re Nathaneil Basola Sobayo

Summarizing by Lars Fuller

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

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 Joseph and Judith Wilczak

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):

Asphalt Professionals, Inc. v. Darin Davis (In re Darin Davis)

Citation:
BAP No. CC-19-1116-TaLS; Bk. No. 1:10-bk-17214-VK (9th Circuit, Nov 05,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's decision sustaining chapter 7 trustee's objection to two proofs of claim affirmed.
Judge(s):
Taylor, Lafferty, Spraker
Tag(s):

In re Telexfree, Inc.

Citation:
18-2001 (1st Circuit, Oct 29,2019) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals rejected the PIEC's challenge to the bankruptcy court's conclusion that their attempt to assert unjust enrichment claims is an attempt to exercise "control" over the Avoidance...
Judge(s):
Lynch, Selya and Barron
Tag(s):

U.S. Department of Agriculture v. J. Michael Hopper (In re Colusa Regional Medical Center)

Citation:
BAP No. EC-18-1266-TaBS (9th Circuit, Sep 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded decision of bankruptcy court (ED Cal.) granting chapter 7 trustee's motion to surcharge encumbered sale proceeds for payment of administrative expenses based...
Judge(s):
Taylor, Brand, Spraker
Tag(s):

Dana French v. Linn Energy, L.L.C., et al

Citation:
18-40369 (5th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
Claimant asserted claims for, among other things, "deemed dividends". The Court held that the deemed dividends gave the Claimant benefits normally reserved for equity investors, and, as a result,...
Judge(s):
Clement, Haynes and Willett
Tag(s):

Brown v. Quantum3 Group LLC; MOMA Funding LLC, (In re Brown)

Citation:
BAP No. SC-18-1121-SFL (9th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) overruling debtors' claim objection. Statute of limitations was continuously tolled by applicable state law during pendency of...
Judge(s):
Spraker, Faris, Lafferty
Tag(s):

Highland Greens Homeowners Association of Buena Park v. Maria A. Basave De Guillen (In re Guillen)

Citation:
BAP No. CC-18-1248-LSTa and BAP No. CC-18-1242-LSTa (9th Circuit, Aug 26,2019) Published
Case Status:
Affirmed
Ruling:
The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR
Tag(s):

Paige Martineau v. Joel Wier

Citation:
18-2294 (4th Circuit, Aug 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
4th Circuit remanded district court’s (D.S.C.) ruling that plaintiff’s claims were barred by lack of standing and judicial estoppel. Article III standing established by distinct injury suffered...
Judge(s):
Harris, Niemeyer, Hollander
Tag(s):

Trent Allen Bateman v. GemCap Lending I, LLC (In re Bateman)

Citation:
BAP Nos. HI-18-1302-TaSKu (9th Circuit, Aug 07,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (D. Haw.) judgment of nondischargeability of contempt, fraud, and conversion. Evidence was clear and convincing that Debtors knew about preliminary...
Judge(s):
Taylor, Spraker, Kurtz
Tag(s):

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