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In re Kathryn MacEwen Conti

Citation:
20-1172 (6th Circuit, Dec 14,2020) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit) affirmed the grant by the U.S. Bankruptcy Court for the Eastern District of Michigan (BC), itself blessed by the U.S. District Court...
Judge(s):
R. Guy Cole Jr.; Bernice B. Donald; and Chad A. Readler
Tag(s):

In re Serapio Venegas

Citation:
CC-20-1077-GLS (9th Circuit, Dec 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the denial by the United States Bankruptcy Court for the Central District of California (BC) of the dispositive motion (Motion),...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Gary A. Spraker
Tag(s):

In re Salma Merritt

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 5 years 3 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-20-1026-TFB (9th Circuit, Dec 02,2020) Not Published
Case Status:
Affirmed
Ruling:
US Bank, as trustee ("Secured Creditor") evidenced its right to enforce deed of trust. 11 U.S.C. Sec. 362(d)(4) inclusion of "scheme" means "an intentional artful plot or plan." Thus it is not...
Judge(s):
Honorable Taylor, Faris, and Brand
Tag(s):

In re Michael Maloney

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 5 years 4 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1130-LST (9th Circuit, Nov 06,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full in that property held by an LLC under Minnesota law is not property of an individual debtor. Therefore, the automatic stay does not extend to...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Anselmo and Alma Cabral

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 5 years 3 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1061-LST (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Tammy Ogletree

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 5 years 4 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. NC-20-1087-FBG (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full. The BAP discussed that bankruptcy court did not error in determining the present value available for distribution or the amount available under a...
Judge(s):
The Hons. Faris, Brand, and Gan
Tag(s):

Wells Fargo Bank N.A. v. Mahogany Meadows Avenue Trust

Citation:
18-17320 (9th Circuit, Nov 05,2020) Published
Case Status:
Affirmed
Ruling:
Wells Fargo (WF), the panel held, did not suffer an uncompensated taking under the Constitution’s Takings Clause (TC). Below, WF had attacked a foreclosure sale by a homeowners’ association...
Judge(s):
Mary H. Murguia; Eric D. Miller; and George Caram Steeh III
Tag(s):

In re Paul Morabito

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 5 years 5 months ago
Citation:
United States Bankruptcy Appellate Panel Case No. NV-20-2367-GTaB (9th Circuit, Sep 29,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court decision to grant summary judgment was affirmed in full. The BAP also found that the decision to apply issue preclusion was appropriate under Nevada law, because the Trustee...
Judge(s):
The Hons. Gan, Taylor, and Brand
Tag(s):

In re John Horton

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 5 years 5 months ago
Citation:
WW-20-1069-LSF (9th Circuit, Sep 29,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court decision not to reopen the case was affirmed in full. The appellate court reviewed the decision not to reopen for an abuse of discretion and determined there was no such...
Judge(s):
The Hons. Lafferty, Spraker, and Faris
Tag(s):

In re Dennis Baham

Citation:
NV-20-1081-TaBG (9th Circuit, Sep 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Judge(s):
Laura S. Taylor; Julia W. Brand; and Scott H. Gan
Tag(s):

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