Rose Markakos v. Medicredit Inc.

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 10 months ago

Citation:

20-2351 (7th Circuit, May 14,2021) Published

Case Status:

Affirmed

Ruling:

In a non-bankruptcy opinion, the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the dismissal of a complaint for violations of the Fair Debt Collection Practices Act (FDCPA) for...

Judge(s):

Kenneth F. Ripple; Michael S. Kanne; and Ilana K. D. Rovner

Tag(s):

• 7th Circuit
• Fraud
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Finance and Banking
• Lender Liability
• N/A
• N/A

In re Donald Kupperstein

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 11 months ago

Citation:

20-1472 (1st Circuit, Apr 22,2021) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. Bankruptcy Court for the District of Massachusetts (BC), the U.S. Court of Appeals for the First Circuit (Circuit) for the first time formally extended its preexisting...

Judge(s):

Jeffrey R. Howard; Kermit V. Lipez; and Ojetta Rogeriee Thompson

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Court Administration
• Ethics
• Fraud
• Practice and Procedure
• Valuation
• Consumer Bankruptcy
• Consumer Debt
• Predatory Lending
• Govt. Claims/Sovereign Immunity
• Real Estate
• Fed. R. Bankr. P. 4001
• 11 U.S.C. § 362(a)
• 11 U.S.C. § 362(b)(4)
• 11 U.S.C. § 362(k)

In re Ravasia

• Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
• 1 year 11 months ago

Citation:

United States Bankruptcy Appellate Panel of the Ninth Circuit No. EW-20-1212-BTL (9th Circuit, Apr 16,2021) Not Published

Case Status:

Affirmed

Ruling:

The BAP affirmed the decision to allow the UST leave to amend the complaint, because the amended complaint related back to the original complaint under FRBP 7015. The additional objection to...

Judge(s):

The Hons. Brand, Taylor, and Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Discharge/Dischargeability
• Rule 4004; Rule 7015
• 11 U.S.C. § 727(a)(4)(A)

In re Frank Joseph Jakubaitis

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 11 months ago

Citation:

BAP No. CC-20-1009-GFS (9th Circuit, Apr 07,2021) Not Published

Case Status:

Affirmed

Ruling:

The 9th Circuit BAP affirmed the bankruptcy court's orders striking the debtor's answer as a sanction for failure to comply with the court's order to show cause and entry of a default judgment...

Judge(s):

Gan, Faris, Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. 727

Lund-Ross Constructors v. Jay Douglas Buchanan

• Summarized by Lars Fuller , BakerHostetler
• 1 year 11 months ago

Citation:

No. 20-6020 (8th Circuit, Apr 02,2021) Published

Case Status:

Affirmed

Ruling:

BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Neb.) granting debtors' motion for summary judgment on creditor's 11 USC 523 suit. There were no genuine issues of material fact and debtors...

Judge(s):

Nail, Schermer, Shodeen

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Small Business
• Fed R Bankr P 7056
• 11 USC 523

Firefighters' Retmnt, et al v. Citco Grp, et al

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 2 years 5 hours ago

Citation:

20-30654 (5th Circuit, Mar 31,2021) Not Published

Case Status:

Affirmed

Ruling:

Pension-plan plaintiffs poured out. Fifth Circuit affirmed District Court's summary judgment for defendant entities that provided administrative and lending services to a now-bankrupt hedge fund. ...

Judge(s):

Owen, Graves, Ho

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Fraud
• Commercial Fraud

In re Borsotti

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 6 days ago

Citation:

19-1193 (9th Circuit, Mar 23,2021) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the orders granting relief from the automatic stay and dismissing his case issued by the U.S. Bankruptcy Court for the...

Judge(s):

Robert J. Faris; Gary A. Spraker; and Scott H. Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Fraud
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 11 U.S.C. § 1307(c)
• 11 U.S.C. § 362(d)(1)
• 11 U.S.C. § 362(d)(4)

In re Paul William Martin

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 2 weeks ago

Citation:

19-1336 (9th Circuit, Mar 03,2021) Not Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) saw no error in its inferring of the verboten intent in a...

Judge(s):

Scott H. Gan; William J. Lafferty III; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• Uniform Commercial Code/Article 9
• Fed. R. Bankr. P. 4007
• 11 U.S.C. § 523(a)(2)(A) and 523(a)(6)

Victor Kearney v. Unsecured Creditors Committee

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 1 month ago

Citation:

19-2209 (10th Circuit, Feb 24,2021) Published

Case Status:

Affirmed

Ruling:

Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...

Judge(s):

Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Court Administration
• Creditors' Committee
• Ethics
• Financial Advisors
• Fraud
• Plan Confirmation
• Practice and Procedure
• Professional Compensation/Fees
• Valuation
• Venue/Jurisdiction
• Commercial Fraud
• Finance and Banking
• Fed. R. Bankr. P. 9019(a)
• 11 U.S.C. § 1129(a)(3)

In re Thomas Crow

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 1 month ago

Citation:

19-8082 (10th Circuit, Feb 12,2021) Published

Case Status:

Affirmed

Ruling:

Affirming the BAP, the circuit court concluded that a retirement account (RA) was held as a tenancy by the entirety by the Debtor (DR) and his wife and thus properly exempt per Wyoming law, status...

Judge(s):

Timothy M. Tymkovich; Mary B. Briscoe; and Robert E. Bacharach

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Financial Advisors
• Fraud
• Practice and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Family/Divorce Issues
• 11 U.S.C. § 522(b)(2)(B)

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