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In re: TBH19, LLC

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 2 years 1 month ago
Citation:
2:19-BK-23823-VZ, 2022 WL 16782946 (B.A.P. 9th Cir. Nov. 8, 2022) (9th Circuit, Nov 08,2022) Not Published
Case Status:
Affirmed
Ruling:
Appellants failed to raise § 502(e) in bankruptcy court and thus waived the issue on appeal. BAP found that § 502(e) did not apply because the Estate no longer had a co-obligation with a...
Judge(s):
Hon. Laura S. Taylor; Hon. Gary A. Spraker; Hon. Scott H. Gan
Tag(s):

In re: ROBERTO C. HERNANDEZ

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 2 years 2 months ago
Citation:
CC-22-1122-GLS (9th Circuit, Nov 03,2022) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel (BAP) upheld the bankruptcy court's decision overruling the debtor's objection to the claim of the debtor's brother based on both a factual finding that...
Judge(s):
GAN, LAFFERTY, and SPRAKER
Tag(s):

In re: MONTE L. MASINGALE (Deceased) and ROSANA D. MASINGALE

Citation:
EW-22-1016-FLB (9th Circuit, Nov 02,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
Tag(s):

In re TRIANGLE CAYMAN ASSET COMPANY

Citation:
19-1251, 19-1786, 20-1284 (1st Circuit, Oct 24,2022) Published
Case Status:
Affirmed
Ruling:
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
Tag(s):

In re: LETICIA MIRANDA-GARCIA

  • Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
  • 2 years 2 months ago
Citation:
AZ-22-1053-LBF (9th Circuit, Oct 17,2022) Not Published
Case Status:
Affirmed
Ruling:
The decision has no precedential value and is not recommended for publication. The B.A.P. for the Ninth Circuit ruled that the bankruptcy court for the District of Arizona did not abuse its...
Judge(s):
Lafferty, Brand, and Faris
Tag(s):

Stephen Stanley v. FCA US, LLC

  • Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
  • 2 years 2 months ago
Citation:
21-4238; (6th Circuit, October 18, 2022) (6th Circuit, Oct 18,2022) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed U.S. District Court for the Northern District of Ohio grant of summary judgment in favor of Chapter 13 debtor’s former employer in civil lawsuit alleging violation of the...
Judge(s):
McKeague (opinion author), Thapar and Readler
Tag(s):

Ultra Petro Corp v. Ad Hoc Com

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 2 months ago
Citation:
21-20008 (5th Circuit, Oct 14,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held that, while 11 U.S.C. § 502(b)(2) disallowed a contractual make-whole payment to noteholder-creditors as unmatured interest or its economic...
Judge(s):
Jolly and Elrod (majority), Oldham (dissenting)
Tag(s):

In Re: NATHAN AARON FORREST, MARSHA WEIDMAN FORREST

Citation:
21-12133 (11th Circuit, Aug 31,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...
Judge(s):
Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa
Tag(s):

In re Bestwall

Citation:
21-2263 (3rd Circuit, Aug 24,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
Tag(s):

Mattlage-Thurmond v. First National Bank of McGregor

Citation:
22-50032 (5th Circuit, Aug 18,2022) Not Published
Case Status:
Affirmed
Ruling:
A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
Judge(s):
Stewart, Elrod, and Graves
Tag(s):

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