Litton Loan Servicing, L.P. v. Dennis Schubert

• Summarized by Benjamin Fischer , Klehr Harrison Harvey Branzburg LLP
• 1 year 9 months ago

Citation:

21-3969, 21-3983 (6th Circuit, Mar 28,2023) Not Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit affirmed an order of the bankruptcy court, holding that several mortgage lenders had standing to appeal but failed to meet the person-aggrieved test because they lacked a direct...

Judge(s):

Amul Thapar; Karen Nelson Moore; and Joan Larsen

Tag(s):

• 6th Circuit
• Claims
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Mortgage

IN RE: KIMBALL HILL, INC., et al.,

• Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
• 1 year 10 months ago

Citation:

22-1724 (7th Circuit, Mar 03,2023) Published

Case Status:

Affirmed

Ruling:

The Seventh Circuit affirmed the award of more than $9.5M in damages to third party TRG Venture Two LLC (“TRG”) caused by creditor Fidelity and Deposit Company’s (“Fidelity”) pursuit of...

Judge(s):

Scudder (opinion author), Kirsch, and Jackson-Akiwumi

Tag(s):

• 7th Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Business Reorganization

IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 10 months ago

Citation:

22-9001 (1st Circuit, Feb 22,2023) Published

Case Status:

Affirmed

Ruling:

Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...

Judge(s):

O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Hospitality, Entertainment Venues and Gaming
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7016; Fed. R. Bankr. P. 7026; Fed. R. Bankr. P. 7034; Fed. R. Bankr. P. 7037; Fed. R. Bankr. P. 9023; Fed. R. Bankr. P. 9024
• 11 U.S. § 523(a)(2)(A); 11 U.S. § 523(a)(4); 11 U.S. § 341(d)

In re: METAL RECOVERY SOLUTIONS, INC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 11 months ago

Citation:

22-1081 (9th Circuit, Jan 17,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...

Judge(s):

Julia W. Brand; Robert J. Faris; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Ethics
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 2004; Fed. R. Bankr. P. 7030
• 11 U.S.C § 502(a); 11 U.S.C § 502(b)(1); 11 U.S.C § 502(b)(4)

Frank McIntyre v. Dennis Fangman, et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 4 days ago

Citation:

BAP No. CO-22-003 (10th Circuit, Dec 30,2022) Not Published

Case Status:

Affirmed

Ruling:

Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...

Judge(s):

HALL, LOYD, and THURMAN, Bankruptcy Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims

In re: STEPHEN WILLIAM SLOAN

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 2 years 3 weeks ago

Citation:

BAP No. EC-22-1119-BSG; Bk. No. 20-10809 (9th Circuit, Dec 15,2022) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not err overruling Debtor's objection to claim because the Debtor was bound by an earlier agreement with Secured Creditor for the amount of post-petition interest and late...

Judge(s):

BRAND, SPAKER, and GAN

Tag(s):

• 9th Circuit
• Asset Sales
• Claims
• Plan Confirmation
• Valuation
• Discharge/Dischargeability
• Chapter 12/Farm Cases
• Real Estate

IN RE: LATAM AIRLINES GROUP S.A.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 3 weeks ago

Citation:

22-1940 (2nd Circuit, Dec 14,2022) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...

Judge(s):

Pierre N. Leval; Denny Chin; and Eunice C. Lee

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Professional Practice Areas
• Airlines
• Business Reorganization
• International Insolvency
• Fed. R. Bankr. P. 1015(b)
• 11 U.S.C. § 502(b)(2); 11 U.S.C. § 1123; 11 U.S.C. § 1124(1);

Azby Fund v. Wadsworth Estates

• Summarized by Timothy Byrd , McGlinchey Stafford, PLLC
• 2 years 3 weeks ago

Citation:

No. 22-30092 (5th Circuit, Dec 12,2022) Not Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...

Judge(s):

Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Mortgage
• Lender Liability
• Real Estate
• 11 U.S.C. § 506
• 11 U.S.C. § 704

In re: YORAM TALASAZAN

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 2 years 1 month ago

Citation:

BAP No. CC-21-1271-GLS; Bk. NO. 1:16-bk-11671-MT; Adv. No. 1:16-ap-01119-MT (9th Circuit, Dec 02,2022) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not abuse its discretion by admitting evidence of the state court's judgment as preclusive in an adversary proceeding nor commit clear error by finding that such evidence...

Judge(s):

GAN, LAFFERTY, and SPRAKER

Tag(s):

• 9th Circuit
• Claims
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(4)

In re: MICHELE LYNN MCKEE,

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 2 years 1 month ago

Citation:

BAP No. CC-22-1042-GTS; Bk. No. 6:21-bk-10679-SY (9th Circuit, Nov 18,2022) Not Published

Case Status:

Affirmed

Ruling:

This decision has no precedential value. The BAP affirmed the Bankruptcy court's holding that the Debtor could not claim the California automatic homestead exemption on property she did not...

Judge(s):

GAN, TAYLOR, and SPRAKER

Tag(s):

• 9th Circuit
• Claims
• Legislation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt

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