Smith v. United States Trustee (In re Figueroa)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 2 months ago

Citation:

BAP No. AZ-23-1048-LCF (9th Circuit, Dec 19,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in (a) vacating an order awarding attorney fees to a chapter 7 trustee representing...

Judge(s):

LAFFERTY, CORBIT, and FARIS

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Bankruptcy Litigation
• Practice and Procedure
• Professional Compensation/Fees
• Consumer Bankruptcy
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 326(a); 11 U.S.C. § 328(b); 11 U.S.C. § 330; 11 U.S.C. § 704

In re: MATTHEW CURTIS WITT

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 2 months ago

Citation:

23-1035 (10th Circuit, Dec 08,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the judgment of the circuit's Bankruptcy Appellate Panel (BAP) concluding that it lacked jurisdiction over appeals of orders of...

Judge(s):

Joel M. Carson III; Allison H. Eid; and Veronica S. Rossman

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Fed. R. Bankr. P. 8002(a)(1); Fed. R. Bankr. P. 8002(d)(1)(B); Fed. R. Bankr. P. 9006; Fed. R. Bankr. P. 9023
• 28 U.S.C. § 158(c)(2); 28 U.S.C. § 158(d)(1)

Walters v. Gallegos (In re Gallegos)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 3 months ago

Citation:

BAP No. CO-22-017 (10th Circuit, Dec 05,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Tenth Circuit held a bankruptcy court did not err in granting a summary judgment against a chapter 7 Trustee on a claim to avoid a post-petition transfer...

Judge(s):

MICHAEL, PARKER, and THURMAN

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Consumer Bankruptcy
• Family/Divorce Issues
• Fed. R. Bankr. P. 7054(a)
• 11 U.S.C. § 541
• 11 U.S.C. § 549(a)
• 11 U.S.C. § 550(a)

DuVall v. County of Ontario

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 5 months ago

Citation:

21-2917-bk (2nd Circuit, Sep 29,2023) Published

Case Status:

Affirmed

Ruling:

When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...

Judge(s):

CALABRESI, LOHIER, and KAHN, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 4003(b)(1)
• 522(l)
• 548
• 101(32)

In re: KAULI SAILI, JR.,

• Summarized by Jaden Banks , Nyemaster Goode, P.C.
• 2 years 5 months ago

Citation:

22-3268 (10th Circuit, Sep 18,2023) Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeals affirmed the District Court of Kansas's grant of summary judgment against Kauli Saili Jr, (the "Plaintiff"), holding that judicial estoppel prevented the...

Judge(s):

Hartz, Tymkovich, Matheson

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy

Elam v. Nationstar Mortg., LLC (In re Elam)

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
• 2 years 6 months ago

Citation:

22-8012 (6th Circuit, Aug 29,2023) Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order dismissing the pro se debtor’s complaint for lack of jurisdiction in her reopened bankruptcy case. The Panel agreed with...

Judge(s):

Bauknight, Dales, Gustafson

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 554

Rodgers, Powers & Schwartz, LLP v. Minkina (In re Minkina)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 6 months ago

Citation:

No. 22-1624 (1st Circuit, Aug 24,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the First Circuit held a bankruptcy court did not err in calculating a Massachusetts debtor's tenancy by the entirety interest in property for purposes of the formula...

Judge(s):

Barron, Howard, and Montecalvo

Tag(s):

• 1st Circuit
• Practice and Procedure
• Valuation
• Consumer Bankruptcy
• 11 U.S.C. § 522(a)(2)
• 11 U.S.C. § 522(f)(2)(A)

In re: BRENT EVAN WEBSTER

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 6 months ago

Citation:

BAP No. OR-23-1005-LBG (9th Circuit, Aug 16,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order denying a debtor's motion to reopen his chapter 13 bankruptcy case because (1) a dismissed bankruptcy...

Judge(s):

LAFFERTY, BRAND, and GAN

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Consumer Bankruptcy
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 350
• 11 U.S.C. § 1322(a)(2)

Bianca Ruiz v. Stephen Rupp, Chapter 7 Trustee

• Summarized by Jaden Banks , Nyemaster Goode, P.C.
• 2 years 6 months ago

Citation:

23-006 (10th Circuit, Aug 14,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Tenth Circuit affirmed the Bankruptcy Court for the District of Utah’s approval of a settlement between the chapter 7 trustee and the Debtor’s estranged...

Judge(s):

Romero, Hall, and Loyd

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Family/Divorce Issues

Next Level Properties, LLC v. Carbonell (In re Carbonell)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 6 months ago

Citation:

BAP No. WW-23-1039-BGC (9th Circuit, Aug 08,2023) Not Published

Case Status:

Dismissed

Ruling:

The U.S. Bankruptcy Appellate Panel for the Ninth Circuit dismissed an appeal of an order denying relief from the automatic stay to complete a foreclosure sale as constitutionally moot. No live...

Judge(s):

BRAND, GAN, and CORBIT

Tag(s):

• 9th Circuit
• Automatic Stay
• Plan Confirmation
• Venue/Jurisdiction
• Consumer Bankruptcy
• 11 U.S.C. 362(d)(1) and (2)

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