Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

Goudelock v. Sixty-01 Association of Apartment Owners

Citation:
16-35384 (9th Circuit, Jul 10,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld, 23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
Judge(s):
SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
Tag(s):

Chenault v. Great Lakes Higher Edu Corp.

Citation:
18-8003 (6th Circuit, Jul 05,2018) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed the bankruptcy court's (E.D. Ky.) dismissal of the debtor’s undue hardship student loan complaint because the debtor failed to state...
Judge(s):
Buchanan, Dales (author), Opperman
Tag(s):

Weakley v. Eagle Logistics

Citation:
17-1402(2)3, DC Docket No 3:16-cv-00403-HNJ (11th Circuit, Jun 29,2018) Published
Case Status:
Affirmed
Ruling:
Because the district court considered all the facts and circumstances of Weakley’s cases in determining whether he intended to mislead the bankruptcy court, see id. at 1185, it did not abuse...
Judge(s):
Carnes, CJ Marcus, Rosenbaum
Tag(s):

Schnitzel, Inc. v. Sorensen

Citation:
BAP No. NC-17-1152-FBTa (9th Circuit, Jun 15,2018) Published
Case Status:
Affirmed
Ruling:
Pawned property becomes property of the bankruptcy estate, and the pawnbroker's state-law notice regarding the pawned personal property violated the automatic stay. The BAP did not reach the issue...
Judge(s):
FARIS, BRAND, and TAYLOR, Bankruptcy Judges
Tag(s):

Aniel v. ResCap Borrower Claims Trust (In re Residential Capital LLC

Citation:
17-1163-bk (2nd Circuit, Apr 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit affirmed the judgment of the district court and bankruptcy court orders disallowing appellants claims.
Judge(s):
Robert D. Sack, Peter W. Hall, Christopher F. Droney
Tag(s):

Cadwell v. Kaufman, Englett & Lynd, PLLC

Citation:
17-10810 (11th Circuit, Mar 30,2018) Published
Case Status:
Reversed and Remanded
Ruling:
An attorney violates 11 U.S.C. 526(a)(4) if the attorney instructs a client to pay bankruptcy-related legal fees using a credit card. After going through several ways that 11 U.S.C. 526(a)(4) may...
Judge(s):
Carnes, Newsom, and Siler
Tag(s):

Burkhart v. Grigsby

Citation:
16-1971 (4th Circuit, Mar 29,2018) Published
Case Status:
Reversed
Ruling:
A chapter 13 debtor may strip down a creditor’s undersecured (or fully underwater) lien whether or not that creditor filed a proof claim, and this power arises under § 1322(b), and not § ...
Judge(s):
King, Diaz, and Shedd
Tag(s):

IN RE: PARR

Citation:
BAP No. CO-17-021 (10th Circuit, Jan 26,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Individuals maintaining an interest in their residence, such as through a self-settled trust, retain an equitable ownership interest that is property of the estate and therefore qualified for the...
Judge(s):
Cornish, Nugent, and Mosier
Tag(s):

Jennings v. Royal

Citation:
WY-17-002 (10th Circuit, Nov 21,2017) Not Published
Case Status:
Affirmed
Ruling:
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
Judge(s):
Nugent, Somers, Mosier (Nugent)
Tag(s):

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