Big Shoulders Capital LLC v. San Luis & Rio Grande Railroad

Citation:
19-3234; 19-3428; 19-3516; 20-1053; and 20-1503 (7th Circuit, Sep 03,2021) Published
Case Status:
Dismissed
Ruling:
Resolving a "labyrinth of appeals" stemming from a prepetition breach of contract claim brought by one company against two subsidiaries of an admitted "single enterprise" in federal court based on...
Judge(s):
Michael B. Brennan; Michael Y. Scudder; and Thomas Kirsch
Tag(s):

Mandel v. White Nile Software, et al

Citation:
20-40026, 20-40340 (5th Circuit, Aug 17,2021) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the lower courts' ruling that the Debtor should be denied a discharge generally under 11 USC 727(a)(3) and (4), and denied a discharge as to particular debts owed to a...
Judge(s):
Jones, Southwick, Engelhardt (Per Curiam)
Tag(s):

In re Laxmi Sarah Sundaram

Citation:
20-9008 (1st Circuit, Aug 13,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
Tag(s):

In re Sherrie Nicole-Lockhart Johnson

Citation:
20-1161 (9th Circuit, Jul 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Presented with a creditor (CR) seeking to avoid the discharge of debt allegedly caused by a nondebtor spouse's fraud, the BAP found that the CR's non-dischargeability complaint had been...
Judge(s):
Scott H. Gan; Christopher M. Klein; and Laura S. Taylor
Tag(s):

In re Robert Edward Zuckerman

Citation:
BAP No. CC-20-1186-TLG (9th Circuit, Jul 28,2021) Not Published
Case Status:
Affirmed
Ruling:
A judgment entered by a California court against a debtor for fraud is entitled to preclusive effect, even if the debtor did not participate in the state-court trial, so long as there is an...
Judge(s):
TAYLOR, LAFFERTY, and GAN, Bankruptcy Judges
Tag(s):

Alan Halperin v. Mark Richards

Citation:
20-2793 (7th Circuit, Jul 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
Tag(s):

Jerry Marsh v. Madison Resource Funding Group

Citation:
20-6018 (8th Circuit, Jul 21,2021) Published
Case Status:
Affirmed
Ruling:
Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Tag(s):

Trans-west, Inc. v. Jeffrey Mullins

Citation:
20-046 (10th Circuit, Jun 30,2021) Not Published
Case Status:
Affirmed
Ruling:
Discerning no clear error in the post-trial factual findings of the U.S. Bankruptcy Court for the District of Colorado (BC), the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed its...
Judge(s):
Tom R. Cornish; Terrence L. Michael; and Sarah A. Hall
Tag(s):

In re Kimberly Dawn Franklin

Citation:
19-1149 (9th Circuit, Jun 24,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....
Judge(s):
Gary A. Spraker; Scott H. Gan; and Julia W. Brand
Tag(s):

In re Lenore L Albert

Citation:
20-60006 (9th Circuit, Jun 10,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit (Panel) affirmed the Bankruptcy Appellate Panel’s affirmance of rejection of a debtor’s attempt, after her chapter 13 case’s conversion to a...
Judge(s):
Consuelo M. Callahan; Richard C. Tallman; and Kenneth K. Lee
Tag(s):

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