Dunn v. Advanced Medical Specialties, Inc., et al., Nos. 12-11152 and 12-15989 (11th Cir. Feb. 10, 2014)
Ruling:
The Eleventh Circuit affirmed a District Court’s orders (i) granting summary judgment in a Chapter 7 Debtor’s discrimination suit and (ii) denying a Chapter 7 Trustee’s motion to vacate the...
Judge(s):
Marcus and Dubina, Circuit Judges; Hodges, District Judge
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 3 months ago
Citation:
Jones v. Mullen (In re Jones), BAP No. AZ-12-1644-DPaKu (B.A.P. 9th Cir. Feb. 5, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s order approving the Chapter 7 Trustee’s sale of real property transferred to Debtor post-petition upon the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 3 months ago
Citation:
In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)
Ruling:
In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to...
In the published case the Ninth Circuit Court of Appeals determined that the case was suitable for decisions without oral argument. The Ninth Circuit Court of appeals affirmed the transferor...
BAP No. NV-13-1325-JuKiTa; Bk No 13-13792-LBR (not for publication)
Ruling:
The Ninth Circuit BAP reversed the Bankruptcy Court’s decision in granting the Debtor’s motion to dismiss her chapter 7 case, vacated the dismissal order and remanded the case to the Bankruptcy...
Javery v. Lucent Techs., Inc. Long Term Disability Plan for Mgmt., No. 12-3834 (6th Cir. Feb. 3, 2014)
Ruling:
The court held that the district court's ruling on the issue of judicial estoppel was proper. The court did not decide the applicable standard of review, because the district court's ruling was...
United States Bankruptcy Appellate Panel for the First Circuit, No. 13-041 (January 30, 2014)
Ruling:
Code sec. 109(h)(1) requires that any individual debtor shall have received credit counseling from an approved agency within 180 days of the filing of a case. There was no abuse of discretion in...
Eighth Circuit Court of Appeals, No 12-4018 (Jan. 31, 2014)
Ruling:
The Eighth Circuit affirmed the lower courts' rulings that the debtors' proposed chapter 13 plan unfairly discriminated against other unsecured creditors by proposing to pay nondischargeable tax...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 4 months ago
Citation:
In Re Paul, 8th Circuit Court of Appeals, No. 13-1747 (November 18, 2013)
Ruling:
The 8th circuit Court of Appeals affirmed the ruling of the bankruptcy court and bankruptcy appellate panel, that the debtor (Paul) could not claim the homestead exemption on rental property where...
Judge(s):
RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.
The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...
Judge(s):
N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
