IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 1 week ago

Citation:

22-9001 (1st Circuit, Feb 22,2023) Published

Case Status:

Affirmed

Ruling:

Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...

Judge(s):

O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Hospitality, Entertainment Venues and Gaming
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7016; Fed. R. Bankr. P. 7026; Fed. R. Bankr. P. 7034; Fed. R. Bankr. P. 7037; Fed. R. Bankr. P. 9023; Fed. R. Bankr. P. 9024
• 11 U.S. § 523(a)(2)(A); 11 U.S. § 523(a)(4); 11 U.S. § 341(d)

Licup v. Jefferson Ave. Temecula, LLC (In re Licup)

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

Citation:

BAP No. SC-22-1111-GBS (9th Circuit, Feb 21,2023) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...

Judge(s):

GAN, BRAND, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7056
• 11 U.S.C. § 101(5)
• 11 U.S.C. § 101(12)
• 11 U.S.C. § 523(a)(3)(A)

In re: SOON HEE KIM

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

Citation:

22-1143 (9th Circuit, Feb 15,2023) Not Published

Case Status:

Affirmed

Ruling:

Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...

Judge(s):

Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Finance and Banking
• Fed. R. Bankr. P. 9029(a); cf. Fed. R. Bankr. P. 7037
• 11 U.S.C § 523(a)(2)(A); 11 U.S.C § 523(a)(4)

In re: JILL SUZANN MEDLEY

• Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
• 3 years 3 weeks ago

Citation:

CC-22-1167-FLC (BAP) (9th Circuit, Feb 13,2023) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court did not err in concluding that creditor was a secured creditor and that its attempts to collect a real estate commission claimed by chapter 13 debtor violated the automatic stay.

Judge(s):

Faris, Lafferty, Corbit

Tag(s):

• 9th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C § 362
• 11 U.S.C § 105

In re: JILL SUZANN MEDLEY

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 3 weeks ago

Citation:

22-1167 (9th Circuit, Feb 13,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...

Judge(s):

Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• Fed. R. Bankr. P. 7001(2)
• 11 U.S.C § 362(a)(3); 11 U.S.C § 362(a)(6); 11 U.S.C § 362(k)

In re: JOSE HUMBERTO AGUILAR GALVAN

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 years 1 month ago

Citation:

BAP No. CC-22-1106-LCF (9th Circuit, Jan 30,2023) 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 granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....

Judge(s):

LAFFERTY, CORBIT, and FARIS

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• Real Estate
• 11 USC 362(d)(4)

In re: DANIEL RICHARD DOLL

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 1 month ago

Citation:

22-1004 (10th Circuit, Jan 18,2023) Published

Case Status:

Affirmed

Ruling:

When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...

Judge(s):

HOLMES, EBEL, and EID

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 1326(a)(2)

Mader v. Experian

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 3 years 2 months ago

Citation:

20-3073; 21-2171 (2nd Circuit, Jan 04,2023) Published

Case Status:

Affirmed

Ruling:

Alleged credit reporting "inaccuracy" asserted to be violation of FCRA -- that student loan at issue was reported on credit report notwithstanding plaintiff's bankruptcy -- did not constitute such...

Judge(s):

Lohier, Carney, and Nathan, Circuit Judges (Opinion by Nathan, Circuit Judge)

Tag(s):

• 2nd Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(8)(A)(i)

Foster v. Aurzada

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

Citation:

22-10310, 22-10318 (5th Circuit, Jan 03,2023) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...

Judge(s):

Priscilla Richman; James C. Ho; and James L. Dennis

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Finance and Banking
• Fed. R. Bankr. P. 7012(b); Fed. R. Bankr. P. 9027(a)(3)
• 28 U.S.C § 157(a); 28 U.S.C § 157(b); 28 U.S.C § 1334(b); 28 U.S.C § 1452(a)

In re: DEBBIE REID O'GORMAN

• Summarized by Michael Myers , Ballard Spahr LLP
• 3 years 2 months ago

Citation:

BAP No. NC-22-1062-BFT (9th Circuit, Dec 21,2022) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...

Judge(s):

Brand, Faris, and Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 USC 548(a)(1)(A)

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