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JORDEN SALDANA, ET AL V. MARTHA BR

Citation:
23-15860 (9th Circuit, Nov 22,2024) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
Judge(s):
Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
Tag(s):

Anna Juravin v. Florida Bankruptcy Trustee

Citation:
22-11356 (11th Circuit, Nov 05,2024) Published
Case Status:
Affirmed
Ruling:
When seizing assets pursuant to a court order, a bankruptcy trustee has judicial immunity so long as they act within the scope of their authority as court-appointed officers. In the case at hand,...
Judge(s):
ROSENBAUM, ABUDU, and TJOFLAT, Circuit Judges
Tag(s):

William P. Jackson v. United States

Citation:
24-6002 (8th Circuit, Oct 25,2024) Published
Case Status:
Dismissed
Ruling:
A debtor's appeal from an order granting a creditor relief from the automatic stay becomes moot if circumstances change so that the court cannot grant any effective relief. Thus, (i) the debtor's...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES, AND CONSTANTINE, Bankruptcy Judges
Tag(s):

John M. McDonnell V. Eric S. Gilbert

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 2 months 2 weeks ago
Citation:
No. 23-2944 (3rd Circuit, Oct 24,2024) Published
Case Status:
Affirmed
Ruling:
In this precedential decision, the Third Circuit affirmed the decision of the district and bankruptcy courts below that pursuant to 11 U.S.C. 541(c)(2), a chapter 7 debtor's interests in retirement...
Judge(s):
JORDAN, McKEE, and AMBRO, Circuit Judges
Tag(s):

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

Citation:
21-16663 (9th Circuit, Oct 17,2024) Published
Case Status:
Affirmed
Ruling:
A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...
Judge(s):
Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung
Tag(s):

Joseph Parrott, et al v. Douglas Neway, et al

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 2 months 3 weeks ago
Citation:
21-10718 (11th Circuit, Oct 11,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Eleventh Circuit held that the district court erred in dismissing the pro se debtors’ appeal for lack of jurisdiction and abused its discretion in dismissing the case as a sanction for...
Judge(s):
Rosenbaum, Abudu, and Tjoflat
Tag(s):

TICO Const. Co., Inc. v. Van Meter (In re Powell)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 3 months 1 week ago
Citation:
No. 22-60052 (9th Circuit, Oct 01,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in granting a debtor's motion to voluntarily dismiss his chapter 13 case under 11 U.S.C. § 1307(b) over a...
Judge(s):
Forrest and Sung (majority), and Collins (dissent)
Tag(s):

Elizabeth Richert v. Kathleen White Murphy, et al

Citation:
23-12840 (11th Circuit, Sep 26,2024) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not err in converting chapter 13 case to chapter 7 where debtor consistently failed to comply with bankruptcy court orders and demonstrated bad faith, nor did the court violate...
Judge(s):
Newsom, Grant, and Anderson
Tag(s):

Erickson v. Wilson-Aguilar (In re Erickson)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 3 months 2 weeks ago
Citation:
No. 23-60037 (9th Circuit, Sep 24,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...
Judge(s):
FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge
Tag(s):

SHEILA ANN TRANTHAM, Debtor — Appellant, v. STEVEN G. TATE, Trustee — Appellee

  • Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
  • 4 months 3 weeks ago
Citation:
No. 22-2263 (4th Circuit, Aug 13,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
Tag(s):

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