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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Paris Gyparakis

Carbo v. Board of Tax Assessors

Summarizing by Danielle Scott

Guallini-Indij v. Banco Popular de Puerto Rico

Summarizing by Bradley Pearce

Home » Personal Bankruptcy Topics » Consumer Bankruptcy

Rosbottom, Jr. v. Schiff (In the Matter of Rosbottom, Jr.)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 7 months ago
Citation:
16-31108 (5th Circuit, Jul 17,2017) Not Published
Case Status:
Reversed and Rendered
Ruling:
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
Judge(s):
King, Prado, Southwick (Per Curiam)
Tag(s):

Jahn, Jr. v. Burke (In re Burke)

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 8 years 7 months ago
Citation:
16-6603, 2017 WL 2990162 (6th Circuit, Jul 14,2017) Published
Case Status:
Affirmed
Ruling:
Trustee seeking to sell residence cannot force Debtor to vacate premises while Trustee attempts to sell property merely by tendering to Debtor the value of Debtor's claimed exemption.
Judge(s):
Moore, Gilman and Cook
Tag(s):

Hujazi v. Schoenmann

Citation:
NC-15-1206-BSKu (9th Circuit, Jul 12,2017) Not Published
Case Status:
Affirmed
Ruling:
Debtor in a involuntary Chapter 7 bankruptcy lacked standing to argue that the Chapter 11 trustee for a business trust formerly owned by the debtor (the "Other Trustee") violated the automatic stay...
Judge(s):
BRAND, SPRAKER (Chief Bankruptcy Judge, D. Alaska, sitting by designation), KURTZ
Tag(s):

Combs v. The Cordish Companies, Inc.

Citation:
15-3265 (8th Circuit, Jul 05,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Claims based on events that occur after the filing of a voluntary Chapter 7 petition are not subject to judicial estoppel if the debtor fails to disclose and schedule such claims. The Court of...
Judge(s):
RILEY, WOLLMAN, KELLY
Tag(s):

Pollitzer v. Gebhardt

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 8 years 8 months ago
Citation:
No. 16-11506; D.C. Docket Nos. 1:15-cv-20376-JEM; 11-bkc-16703-LMI (11th Circuit, Jun 27,2017) Published
Case Status:
Affirmed
Ruling:
In affirming the district court and bankruptcy court, the 11th Circuit held that 11 U.S.C. 707(b) applies to a petition that was initially filed under Chapter 13 but later converted to a petition...
Judge(s):
Carnes, Anderson, and Parker
Tag(s):

Ashmore, Sr. v. CGI Group, Inc.

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 8 years 8 months ago
Citation:
16-1758-cv (2nd Circuit, Jun 21,2017) Not Published
Case Status:
Dismissed
Ruling:
Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
Judge(s):
Katzmann, Pooler and Lynch
Tag(s):

In re Pace

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 8 years 8 months ago
Citation:
16-8036 (6th Circuit, Jun 20,2017) Published
Case Status:
Reversed
Ruling:
Judgment Lien based on deficiency judgment after foreclosure sale can be avoided under Section 522 to the extent lien impairs exemptions. Judgment lien is not exempt from avoidance as judgment...
Judge(s):
Delk, Preston and Wise
Tag(s):

Weil v. Elliott

Citation:
16-55359 (9th Circuit, Jun 14,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Judge(s):
WALLACE, CHRISTEN, WATFORD
Tag(s):

Hernandez v. General Mills Federal Credit Union (In re Hernandez)

Citation:
16-3111 (8th Circuit, Jun 14,2017) Published
Case Status:
Affirmed
Ruling:
Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
Judge(s):
BENTON, BEAM, MURPHY
Tag(s):

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