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PRICE v. SPOKANE ROCK I, LLC

Summarizing by Bradley Pearce

WHATLEY, JR v CANADIAN PACIFIC RAILWAY, LTD

Summarizing by Lars Fuller

Jennings v. Royal (In re: Jennings)

Citation:
17-8095 (10th Circuit, Sep 14,2018) Published
Case Status:
Affirmed
Ruling:
Debtor was allowed to claim an exemption in his entireties interest in real property located in Wyoming, but only to the extent that his entireties interest exceeded his joint indebtedness with his...
Judge(s):
Eid, Kelly, and O'Brien
Tag(s):

Daily v. Garrett

Citation:
EC-16-1265-HKuB (9th Circuit, Aug 24,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding Plaintiffs did not prove a claim under § 523(a)(2)(A) when they failed to provide evidence supporting...
Judge(s):
Hursh, Kurtz, Brand
Tag(s):

Bouzaglou v. Haworth

Citation:
CC-17-1253-SKuF (9th Circuit, Aug 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding debt non dischargeable under § 523(a)(2)(A) and (a)(4). Bankruptcy court did not err when it granted...
Judge(s):
SPRAKER, KURTZ, and FARIS
Tag(s):

Walters v. Cates

Citation:
BAP No. CO-17-047 (10th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (D. Colo.) granting defendants' motion for summary judgment based on determination that transfer occurred outside of preference period....
Judge(s):
Cornish, Jacobvitz, Hall
Tag(s):

Kemp v. U.S. Department of Education

Citation:
17-6032 (8th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Judge(s):
SALADINO, NAIL and SHODEEN
Tag(s):

Berg v. Social Security Administration

Citation:
17-2389 (7th Circuit, Aug 17,2018) Published
Case Status:
Affirmed
Ruling:
Seventh Circuit affirmed order of bankruptcy court concluding Social Security Administration (“SSA”) could setoff $17,385 in the debtor’s account. The agency, however, was required under §...
Judge(s):
BAUER, ROVNER, and SYKES
Tag(s):

U.S. v. Valdes-Ayala

Citation:
16-1002 (1st Circuit, Aug 15,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First Circuit affirmed convictions of defendant who exploited debtors by filing incomplete bankruptcy petitions and promising assistance in their child support payments. First Circuit also vacated...
Judge(s):
Howard, Thompson, and Barron
Tag(s):

Taxe v. Dye (In re Kellogg-Taxe)

Citation:
CC-17-1092-FSKu and CC-17-1303-FSKu (consolidated) (9th Circuit, Aug 06,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit BAP affirmed the judgment of bankruptcy court finding community property held by debtor and non-filing spouse, which included the assets of an out-of-state alter-ego corporation, were...
Judge(s):
FARIS, SPRAKER, and KURTZ
Tag(s):

JTF Rose, Inc. v. Esquerra

Citation:
BAP No. CC-17-1356-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case. Bankruptcy court incorrectly applied issue preclusion. Lack of...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Viegelahn v. Lopez

Citation:
17-50297 (5th Circuit, Jul 31,2018) Published
Case Status:
Reversed and Rendered
Ruling:
After voluntary dismissal, Chapters 13 debtors were entitled to the proceeds from the sale of homestead that had lost its exempt status. Proceeds that were acquired post-petition vested in the...
Judge(s):
KING, ELROD, and GRAVES
Tag(s):

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