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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

Cosmetic Plus Group Ltd. v. Gowan (In re Dreier LLP)

Citation:
16-2827 (2d Circuit, Mar 21, 2017) (2nd Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that a claim against a law firm for settlement proceeds received by the law firm on behalf of the client was a general unsecured claim where the law firm dissipated the...
Judge(s):
Dennis Jacobs, Robert D. Sack, and Paul A. Engelmayer (District Judge)
Tag(s):

Chou v. Brody

Citation:
NC-15-1315-SKuB (9th Circuit, Mar 15,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's decision that creditor failed to prove claims under § 523(a)(2) and (a)(6) to except from discharge a prepetition judgment against debtor for unpaid real estate commissions...
Judge(s):
Spraker, Kurtz, Brand
Tag(s):

Javehery v. Javeheri-Leitner (In re Javehery)

Citation:
BAP No. CC-16-1195-CTaF (9th Circuit, Mar 14,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
Judge(s):
Clement, Taylor, Faris
Tag(s):

Partap Investments, LLC v. Kittusamy, LLP (In re Kittusamy, LLP)

Citation:
BAP No. NV-16-1242-LJuKu (9th Circuit, Mar 10,2017) Not Published
Case Status:
Affirmed
Ruling:
A purchaser of leased personal property at a foreclosure sale was not entitled to assert an administrative rent claim against the debtor where the lease was a disguised security interest, the bill...
Judge(s):
LAFFERTY, JURY, and KURTZ
Tag(s):

Colby v. Milholland

Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Metropolitan Government of Nashville & Davidson County v. Hildebrand, III (In re Corrin)

Citation:
16-5717/5719 (6th Circuit, Feb 23,2017) Published
Case Status:
Affirmed
Ruling:
A state law targeted at bankruptcy proceedings and not a law of general applicability is not “applicable non-bankruptcy law” when calculating interest on an over-secured tax claim under 11...
Judge(s):
Merritt, Moore, Stranch (Stranch)
Tag(s):

S.E.C. v. Wells Fargo Bank, N.A.

Citation:
16-10942 (11th Circuit, Feb 22,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The Court held that a secured creditor's failure to file a proof of claim on 2 properties in a federal receivership did not result in that creditor's security interests in those properties being...
Judge(s):
Jordan and Pryor, Circuit Judges, and Proctor, District Judge (sitting by designation)
Tag(s):

Diwan, L.L.C. v. Maha-Vishnu Corp. (In re Diwan, L.L.C.)

Citation:
No. 16-1317 (8th Circuit, Nov 16,2017) Published
Case Status:
Affirmed
Ruling:
Eighth Circuit affirmed district court (S.D. Iowa), which affirmed bankruptcy court orders denying confirmation and dismissing chapter 11 case. Debtor's plan subordinating secured claim to sole...
Judge(s):
Colloton, Beam, Gruender
Tag(s):

Appling v. Lamar, Archer & Cofrin, LLP (In re Appling)

Citation:
16-11911 (11th Circuit, Feb 15,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
Tag(s):

Mack v. ResCap Borrower Claims Trust, case no. 16-304-bk (2nd Cir. 2017) (summary order)

Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
Tag(s):

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