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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Michael Myers

Brown v. Ellmann (In re Brown)

Citation:
16-1967 (6th Circuit, Mar 20,2017) Published
Case Status:
Affirmed
Ruling:
Section 522 will not support an exemption on the basis of state-law redemption rights in a piece of property if the proceeds from the sale of that property are insufficient to satisfy the prior...
Judge(s):
Merritt, Kethledge, White (Merritt)
Tag(s):

Chou v. Brody

Citation:
NC-15-1315-SKuB (9th Circuit, Mar 15,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's decision that creditor failed to prove claims under § 523(a)(2) and (a)(6) to except from discharge a prepetition judgment against debtor for unpaid real estate commissions...
Judge(s):
Spraker, Kurtz, Brand
Tag(s):

Tower Credit, Inc. v. Schott (In the Matter of Jackson)

Citation:
No. 16-30274 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
Judge(s):
Davis, Dennis and Southwick. Opinion by Dennis
Tag(s):

Carroll v. Abide (In the Matter of Carroll)

Citation:
16-30996 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...
Judge(s):
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
Tag(s):

Javehery v. Javeheri-Leitner (In re Javehery)

Citation:
BAP No. CC-16-1195-CTaF (9th Circuit, Mar 14,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
Judge(s):
Clement, Taylor, Faris
Tag(s):

Charnetsky v. Buenviaje (In re Buenviaje)

Citation:
BAP No. CC-16-1347-TaFC (9th Circuit, Mar 10,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.) on other grounds, agreeing that funds in a bank account exclusively derived from social security payments were...
Judge(s):
Taylor, Faris, Clement
Tag(s):

Stein v. Stubbs (In re Stubbs)

Citation:
File Name: 17b0003p.06; Case Nos. 16-8025/8027 (6th Circuit, Mar 09,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's orders denying the Chapter 7 Trustee's motion for default judgment, dismissing the adversary proceeding and vacating...
Judge(s):
Humphrey, Opperman and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

Metropolitan Government of Nashville & Davidson County v. Hildebrand, III (In re Corrin)

Citation:
16-5717/5719 (6th Circuit, Feb 23,2017) Published
Case Status:
Affirmed
Ruling:
A state law targeted at bankruptcy proceedings and not a law of general applicability is not “applicable non-bankruptcy law” when calculating interest on an over-secured tax claim under 11...
Judge(s):
Merritt, Moore, Stranch (Stranch)
Tag(s):

Appling v. Lamar, Archer & Cofrin, LLP (In re Appling)

Citation:
16-11911 (11th Circuit, Feb 15,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
Tag(s):

Kim v. Wolkowitz (In re Kim)

Citation:
BAP No. CC-16-11130TaLN (9th Circuit, Feb 15,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
Judge(s):
Honorable TAYLOR, LAFFERTY, and NOVACK.
Tag(s):

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