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PRICE v. SPOKANE ROCK I, LLC

Summarizing by Bradley Pearce

WHATLEY, JR v CANADIAN PACIFIC RAILWAY, LTD

Summarizing by Lars Fuller

Auslander v. Murray

Citation:
17-1272 (2nd Circuit, Aug 14,2014) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
Judge(s):
Walker, Hall, and Lohier, Circuit Judges
Tag(s):

U.S. Department of Labor v. Harris

Citation:
17-1261 (8th Circuit, Aug 03,2018) Published
Case Status:
Affirmed
Ruling:
Eight Circuit affirmed the judgment of the bankruptcy court finding debt owed to the Department of Labor (DOL) was non-dischargeable under 11 U.S.C. Section 523(a)(4), which excepts from discharge...
Judge(s):
SMITH, MURPHY and COLLOTON
Tag(s):

Clientron Corp. v. Devon IT, Inc.

Citation:
No. 16-3432 (3rd Circuit, Jul 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction. Under Pennsylvania law, tenants by the entirety legally are treated as one person, and...
Judge(s):
Geenaway, Jr., Krause, Circuit Judges, and Jones, District Judge sitting by designation.
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):

Furlough v. Cage (In re Technicool Systems, Inc.)

Citation:
17-20603 (5th Circuit, Jun 20,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
Judge(s):
Willett, Smith, Wiener
Tag(s):

Gleason v. Jansen

Citation:
No. 17-1658 (7th Circuit, Apr 25,2018) Published
Case Status:
Affirmed
Ruling:
Denial of Rule 60 relief proper when the "new evidence" was available via PACER at the time of trial. Court reiterated its statement in Kunilk v. Racine Cnty., 106 F.3d 168, 174 (7th Cir. 1997),...
Judge(s):
Wood, Chief Judge, and Kanne and Barrett, Circuit Judges
Tag(s):

New Products Corp. v. Wright (In re Modern Plastics Corp.)

Citation:
No. 17-2256 (6th Circuit, Apr 26,2018) Not Published
Case Status:
Affirmed
Ruling:
The Circuit Court held that awards were justified pursuant to Rules 45(d)(1) as sanctions, and pursuant to Rule 45(d)(2) cost-shifting. The subpoenas imposed an undue burden and expense that...
Judge(s):
GUY, SUTTON, and COOK, Circuit Judges.
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):

In the Matter of Husain

Citation:
15-3308 and 16-1254 (7th Circuit, Aug 08,2017) Not Published
Case Status:
Affirmed
Ruling:
Where a bankruptcy attorney forges his clients’ signatures, omits material assets of which he is aware, and commits extensive perjury regarding these actions, he is not entitled to remain in the...
Judge(s):
Bauer and Easterbrook (DeGulio, District Judge)
Tag(s):

Edmondson v. Gordon (In re Gordon)

Citation:
12-09605 (6th Circuit, May 18,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy Court's contempt finding and remanded for determination of amount of sanctions to be awarded. The Panel affirmed the Bankruptcy...
Judge(s):
DELK, HUMPHREY, and OPPERMAN
Tag(s):

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