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STATE OF MONTANA DEPARTMENT OF REV V TIMOTHY L. BLIXSETH

Citation:
22-60046 (9th Circuit, Aug 14,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court cannot award an involuntary debtor relief under 11 U.S.C. § 303(i) against a State merely because it was a petitioning creditor. First, a State does not waive its Eleventh...
Judge(s):
Rawlinson, Melloy (8th Circuit, sitting by designation), and Thomas
Tag(s):

In re: MICHELE LYNN MCKEE,

  • Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
  • 2 years 1 month ago
Citation:
BAP No. CC-22-1042-GTS; Bk. No. 6:21-bk-10679-SY (9th Circuit, Nov 18,2022) Not Published
Case Status:
Affirmed
Ruling:
This decision has no precedential value. The BAP affirmed the Bankruptcy court's holding that the Debtor could not claim the California automatic homestead exemption on property she did not...
Judge(s):
GAN, TAYLOR, and SPRAKER
Tag(s):

Gabriel Invst v. Texas ABC

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 2 years 11 months ago
Citation:
21-50322 (5th Circuit, Jan 28,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The Fifth Circuit certified questions of Texas state law to the Texas Supreme Court regarding permissibility of alcohol permit transfer(s) as part of a proposed sale.
Judge(s):
King, Costa, and Willett, Circuit Judges.
Tag(s):

In Re: Mosaic Management Group, Inc.,

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 2 years 11 months ago
Citation:
20-12547 (11th Circuit, Jan 14,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The difference in Chapter 11 quarterly fees collected in UST versus Bankruptcy Administrator (BA) districts following the Bankruptcy Judgeship Act of 2017 did not violate the uniformity requirement...
Judge(s):
Jordan, Brasher, and Anderson
Tag(s):

In re LTC Holdings, INC.

Citation:
20-3057 (3rd Circuit, Aug 18,2021) Published
Case Status:
Affirmed
Ruling:
In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...
Judge(s):
D. Brooks Smith; Paul B. Matey; and D. Michael Fisher
Tag(s):

In re VeroBLue Farms USA, Inc.

Citation:
19-3413, 19-3487 (8th Circuit, Aug 05,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Albeit agreeing with the district court that it (as well as itself) had statutory subject matter jurisdiction, the U.S. Court of Appeals for the Eighth Circuit (Panel) concluded that the district...
Judge(s):
James B. Loken; Steven L. Grasz; and Jonathan A. Kobes
Tag(s):

In re Gateway Radiology Consultants

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 4 years 2 weeks ago
Citation:
United States Court of Appeals for the Eleventh Circuit No. 20-13462 (11th Circuit, Dec 22,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals vacated the bankruptcy court's approval of Gateway Radiology Consultants' (Debtor) motion to incur indebtedness, because the COA concluded that the Small Business...
Judge(s):
The Hons. Rosenbaum, Anderson, and Carnes
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):

Kenneth Benjamin v. United States of America

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 5 years 5 months ago
Citation:
18-20185 (5th Circuit, Jul 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Judge(s):
Clement, Graves and Oldham
Tag(s):

WHITE v SQUARE, INC.

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 7 months ago
Citation:
No. 16-17137 (9th Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
9th Cir. issued order certifying questions to California Supreme Court regarding standing to sue under California's Unruh Act (equal protection statute). Issue was whether bankruptcy attorney had...
Judge(s):
Paez, Ikuta, Vialiano* (*sitting by designation)
Tag(s):

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