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United Bank v. Buckingham

Summarizing by Shane Ramsey

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):

Daughtrey v. Rivera

Citation:
15-14544 (11th Circuit, Jul 24,2018) Published
Case Status:
Affirmed
Ruling:
A debtor's right to convert to chapter 11 from chapter 7 pursuant to Section 706(a) is limited by subsection (d). Thus, a debtor's right to convert is expressly conditioned on his ability to...
Judge(s):
Tjoflat, Rosenbaum, and Sentelle
Tag(s):

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Dalton v. Warfield

Citation:
BAP No. AZ-17-1310-SBaF (9th Circuit, Jul 11,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) granting chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor's pending appeal of prepetition entry of...
Judge(s):
Spraker, Bason, Faris
Tag(s):

Goudelock v. Sixty-01 Association of Apartment Owners

Citation:
16-35384 (9th Circuit, Jul 10,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld, 23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
Judge(s):
SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
Tag(s):

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