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Keeley v. Grider

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 11 years 6 months ago
Citation:
Keeley v. Grider, Case No. 14-5228 (6th Cir. Nov. 3, 2014) (unpublished).
Ruling:
Plaintiff obtained a default judgment against debtor, but the judgment was entered by the clerk of the bankruptcy court and was not declared "non-dischargeable." The bankruptcy court denied...
Judge(s):
Cook, White, and Michelson (District Judge sitting by designation)
Tag(s):

Brock v. Glasser (In re Brock)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 6 months ago
Citation:
Brock v. Glasser (In re Brock), Nos. 14-1040 & 14-1057 (10th Cir. Oct. 16, 2014)
Ruling:
The 10th Circuit reversed the BAP for the 10th Circuit after the BAP affirmed the bankruptcy court. The Tenth Circuit ruled that based on Colorado law, and the Restatement (Second) of Trusts,...
Judge(s):
Kelly, Porfilio, and Matheson
Tag(s):

Thaw v. Moser (In the Matter of Thaw)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 11 years 6 months ago
Citation:
Case No. 14-40108 (5th Cir. October 13, 2014)
Ruling:
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the...
Judge(s):
King, Graves, and Higginson, Circuit Judges
Tag(s):

Chan v. DRM Enterprises, LLC (In re Chan)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 11 years 6 months ago
Citation:
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling:
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was...
Judge(s):
Taylor, Dunn, and Spraker, Bankruptcy Judges
Tag(s):

P.R. Electric Power Authority v. Wiscovitch-Rentas

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 11 years 6 months ago
Citation:
BAP No. PR 13-050 (B.A.P. 1st Cir. Sept. 23, 2014)
Ruling:
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the...
Judge(s):
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Tag(s):

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 7 months ago
Citation:
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling:
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and...
Judge(s):
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Tag(s):

Hawkins, III v. The Franchise Tax Board of CA

Citation:
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling:
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
Judge(s):
Kleinfeld, Thomas, and Rawlinson (dissent).
Tag(s):

USA v. Robinson, Jr. (In re Robinson, Jr.)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 7 months ago
Citation:
USA v. Robinson, Jr. (In re Robinson, Jr.)., 6th Cir. Court of Appeals, (No. 13-5857), August 22, 2014
Ruling:
The 6th Circuit Court of Appeals affirmed the district court’s judgment that 18 U.S.C. § 3613 supersedes the automatic stay and allows the government to enforce restitution orders against...
Judge(s):
COLE, Chief Judge; GRIFFIN, Circuit Judge; PEARSON, District Judge.
Tag(s):

Nemcik v. Bank of America (In re Nemcik)

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 11 years 8 months ago
Citation:
Eleventh Circuit Court of Appeals case number 14-11290
Ruling:
The United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Middle District of Florida.
Judge(s):
United States Circuit Court of Appeals Judges Marcus, Martin and Anderson
Tag(s):

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