Brian Lerbakken v. Sieloff and Associates, P.A.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 6 days 23 hours ago

Citation:

18-3415 (8th Circuit, Feb 07,2020) Published

Case Status:

Affirmed

Ruling:

Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...

Judge(s):

COLLOTON, WOLLMAN, and BENTON

Tag(s):

• 8th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Family/Divorce Issues
• 522(b)(3)
• 541

U.S. Department of Education v. Carlos Carrion, Jr. (In re Carrion, Jr.)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 8 months 2 weeks ago

Citation:

No. SC-18-1234-FBKu (9th Circuit, May 31,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court misapplied California law. Debtor remained liable for the entire amount of his own educational loan debt even though he agreed to a 50-50 division of the debt with his ex-wife in...

Judge(s):

Faris, Brand, Kurtz

Tag(s):

• 9th Circuit
• Consumer Debt
• Discharge/Dischargeability
• Family/Divorce Issues

Wohleber v. Skurko & Gentile (In re Wohleber)

• Summarized by Ryan Heilman , Wernette Heilman PLLC
• 11 months 2 weeks ago

Citation:

18-8008 (6th Circuit, Mar 04,2019) Published

Case Status:

Reversed and Remanded

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...

Judge(s):

HARRISON, HUMPHREY, and OPPERMAN

Tag(s):

• 6th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Family/Divorce Issues
• 11 U.S.C. § 362

Brace v. Speier (In re Brace)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 1 year 2 weeks ago

Citation:

No. CC-18-1172-LSTa, 2019 WL 167783 (9th Circuit, Jan 11,2019) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Bankruptcy court correctly found debtor in contempt for a willful stay violation because debtor knew of the automatic stay and acted intentionally to violate it.

Judge(s):

Lafferty, Spraker, Taylor

Tag(s):

• 9th Circuit
• Automatic Stay
• Venue/Jurisdiction
• Family/Divorce Issues
• Mortgage
• Real Estate

IN RE: BOYCE

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 1 year 1 month ago

Citation:

BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...

Judge(s):

Spraker, Taylor, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Claims
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Family/Divorce Issues
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• 11 U.S.C. § 523(a)(2)(A)

LANE v BUCKLEY

• Summarized by Lars Fuller , BakerHostetler
• 1 year 3 months ago

Citation:

No. 17-8079 (10th Circuit, Nov 06,2018) Not Published

Case Status:

Affirmed

Ruling:

Tenth Circuit affirmed summary judgment entered by district court (D. Wyo.) against plaintiff on claims for rescission, restitution, fraudulent transfer, and breach of contract. Plaintiff waived...

Judge(s):

Tymkovich, McKay, Matheson

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Family/Divorce Issues
• 11 U.S.C § 541

IN RE: BRACE, JR.

• Summarized by Lars Fuller , BakerHostetler
• 1 year 3 months ago

Citation:

No. 17-60032 (9th Circuit, Nov 08,2018) Published

Case Status:

Dismissed

Ruling:

9th Cir. certified question for California Supreme Court regarding conflicting presumptions in real property ownership related to community property and title in deed. Community property...

Judge(s):

Callahan, Nguyen, Ezra

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Family/Divorce Issues
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 541

Henry v. Danielson

• Summarized by Lars Fuller , BakerHostetler
• 1 year 7 months ago

Citation:

CC-17-1249-TaLLs (9th Circuit, Jun 27,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Cir. dismissed chapter 13 debtor's appeal of unspecified "orders" based on lack of jurisdiction. Debtor's pro se notice of appeal referenced various orders from prior to date of notice,...

Judge(s):

Taylor, Lafferty, Lastreto

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Family/Divorce Issues
• 8002

Brown v. Barclay

• Summarized by Lars Fuller , BakerHostetler
• 1 year 8 months ago

Citation:

BAP No. SC-17-1068-AKuS (9th Circuit, May 21,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed summary judgment entered by bankruptcy court (SD Cal.) in favor of plaintiff-chapter 7 trustee avoiding debtor's postpetition transfer of inheritance proceeds to his...

Judge(s):

Alston, Kurtz, Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Family/Divorce Issues
• 11 U.S.C. § 348

Murtaza v. Slaten (in re Murtaza)

• Summarized by Lars Fuller , BakerHostetler
• 1 year 10 months ago

Citation:

BAP No. CC-17-1153-SKuTa (9th Circuit, Apr 02,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...

Judge(s):

Spraker, Kurtz, Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Family/Divorce Issues
• § 727

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