Delaney v. Messer (In re Delaney)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 5 months 1 week ago

Citation:

No. 23-434 (L) (2nd Circuit, Aug 08,2024) Published

Case Status:

Dismissed

Ruling:

For lack of appellate jurisdiction under 28 U.S.C. § 158(d)(1), the U.S. Court of Appeals for the Second Circuit dismissed a chapter 7 debtor's appeal of an order denying his motion to dismiss his...

Judge(s):

JACOBS, PARK, and NATHAN

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Consumer Bankruptcy
• Fed. R. Bankr. P. 8004(d)
• 11 U.S.C. § 707(a)

MONTE MASINGALE, ET AL V. JOHN D.

• Summarized by Michael Myers , Ballard Spahr LLP
• 5 months 2 weeks ago

Citation:

22-60050, 22-60053 (9th Circuit, Jul 26,2024) Published

Case Status:

Reversed and Remanded

Ruling:

A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...

Judge(s):

Gould, Bress, and Koh

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Fed. R. Bankr. P. 4003; Fed. R. Bankr. P. 1019
• 11 U.S.C. § 522

MARGUERITE POTTER and KEVIN POTTER

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 6 months 2 weeks ago

Citation:

23-2625 (3rd Circuit, Jun 26,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...

Judge(s):

JORDAN, PHILLPS and NYGAARD, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Real Estate
• 11 U.S.C. 362(k); 28 U.S.C. 157(a)

IN RE: TIFFANY D. SMITH

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 3 weeks ago

Citation:

22-3418 (3rd Circuit, May 22,2024) Published

Case Status:

Affirmed

Ruling:

Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...

Judge(s):

JORDAN, BIBAS, and PORTER

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 1327(a)
• 1329(a). 1329(d)

Airport Business Center v. Alfahel (In re Alfahel)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 4 weeks ago

Citation:

No. 23-60026 (9th Circuit, May 20,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in its application of the "two-dismissal rule" in Federal Rule of Civil Procedure 41(a)(1)(B) to a third motion...

Judge(s):

S.R. THOMAS, CALLAHAN, and SANCHEZ

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• Fed. R. Bankr. P. 7041
• Fed. R. Bankr. P. 9014
• 11. U.S.C. § 522(f)

Marilyn Marshall v. Edward Johnson

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 8 months 1 week ago

Citation:

22-04449 (7th Circuit, May 03,2024) Published

Case Status:

Affirmed

Ruling:

Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...

Judge(s):

Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 1326(a)(2); 11 U.S.C. § 1141; 11 U.S.C. § 1226(a)(2); 11 U.S.C. § 1194(a)(3); 28 U.S.C. § 586(e)(2)

Zarour v. JP Morgan Chase Bank (In re Zarour)

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 8 months 3 weeks ago

Citation:

23-457-bk (2nd Circuit, Apr 25,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential Summary Order, based on principles of res judicata, the Second Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court that...

Judge(s):

Parker, Loheir, Jr. and Nathan

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage

Euna McGruder v. Metro. Gov't of Nashville

• Summarized by J. Debbeler , Bricker Graydon LLP
• 8 months 3 weeks ago

Citation:

No. 22-5761: File Name: 24a0089p.06 (6th Circuit, Apr 17,2024) Published

Case Status:

Affirmed

Ruling:

A party's judicial estoppel claim cannot create a previously unrecognized exception to the long-standing jurisdictional rule that generally appellate courts have authority to rule only on final...

Judge(s):

Batchelder, Moore and Clay, Circuit judges

Tag(s):

• 6th Circuit
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Consumer Bankruptcy
• Labor/Employment

Ronald Morgan v. Daniel Bruton

• Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
• 8 months 3 weeks ago

Citation:

No. 22-1964 (4th Circuit, Apr 17,2024) Published

Case Status:

Affirmed

Ruling:

The Fourth Circuit held that "property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(B) to the extent of the...

Judge(s):

Circuit Judge Toby J. Heytens, Circuit Judge DeAndrea Gist Benjamin, and Elizabeth W. Hanes, United States District Judge for the Eastern District of Virginia, sitting by designation.

Tag(s):

• 4th Circuit
• Claims
• Consumer Bankruptcy
• Consumer Debt
• Bankruptcy Taxation
• 11 U.S.C. § 522(b)(3)(B)

N RE: BRUCE LEICHTY, ET AL V. ROD DANIELSON, ET AL

• Summarized by Michael Myers , Ballard Spahr LLP
• 10 months 1 week ago

Citation:

22-55847 (9th Circuit, Mar 14,2024) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Court of Appeals affirmed the bankruptcy court's decision awarding fees to the chapter 13 debtor's attorney and modifying the chapter 13 plan to pay the fees, over the objection...

Judge(s):

CLIFTON and SANCHEZ, Circuit Judges, and KORMAN,** District Judge

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C. § 330(a)(3)

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