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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

In re Wright

Citation:
16-8019, 2017 WL 1371293 (6th Circuit, Apr 17,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Property listed in schedules and not administered before case is closed is abandoned to the debtor and is not subject to later administration. Property that is not listed in schedules is not...
Judge(s):
Harrison, Preston and Wise
Tag(s):

McDermott v. St. George (In re St. George)

Citation:
File Name: 17b0002n.06; Nos. 16-8017-8018 (6th Circuit, Apr 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Appellate Panel (BAP) reversed the decision of the Bankruptcy Court which had (i) granted a second motion by the U.S. Trustee's Office (UST) to extend the time to file a complaint...
Judge(s):
Delk, Harrison and Preston
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

Citation:
660 Fed Appx 696 (10th Cir. Nov. 14, 2016) (10th Circuit, Nov 14,2016) Published
Case Status:
Affirmed
Ruling:
An arbitration award for securities law violations is excepted from discharge under section 523(a)(19) even where there was no litigation before the arbitration panel and the award was issued...
Judge(s):
Tymkovich, Bacharach, Moritz
Tag(s):

Rizka v. State Farm Fire and Casualty Co.

Citation:
16-1055 (6th Circuit, Apr 12,2017) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the opinion of the District Court for the Eastern District of Michigan, which granted summary judgment in favor of the debtor's homeowner's insurance carrier, finding the...
Judge(s):
Batchelder, Sutton and Kethledge; opinion by Batchelder
Tag(s):

Lansaw v. Zokaites

Citation:
16-1867 (3rd Circuit, Apr 10,2017) Published
Case Status:
Affirmed
Ruling:
Section 362(k)(1) provides "an individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and, in appropriate...
Judge(s):
Fisher, Krause, and Melloy (sitting by designation)
Tag(s):

PNC Bank v. Sterba

Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Dingley v. Yellow Logistics, LLC (In re Dingley)

Citation:
Case No. 14-60055; BA:P Case No. 13-1261 (9th Circuit, Apr 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed BAP's holding that pursuing a civil contempt proceeding is exempt from the automatic stay where the contempt proceedings are in furtherance of the court's public policy interest in...
Judge(s):
Ronald M. Gould, Richard R. Clifton, Paul J. Watford
Tag(s):

LVNV Funding, LLC v. Harling, v. Simmons-Beasley

Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

Smalis v. City of Pittsburgh School District, Case Nos. 16-4137 & 16-4261 (3d Cir. Mar. 27, 2017) (not precedential)

Citation:
16-4137 & 16-4261 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the district court's order, which affirmed the bankruptcy court's orders, dismissing Appellant's adversary proceeding and holding that (a) Appellant lacked standing to bring lawsuit on...
Judge(s):
McKee, Jordan, and Restrepo
Tag(s):

Lau v. Bank of America, N.A. (In re Lau)

Citation:
No. 16-2221 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Judge(s):
Restrepo, Scirica, and Fisher, Circuit Judges
Tag(s):

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