Christians v. Dmitruk (In re Dmitruk)

Citation:
Christians v. Dmitruk (In re Dmitruk), 8th Cir. B.A.P. (14-6023), September 15, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel affirmed the order of the Bankruptcy Court overruling the Trustee’s objection to the Debtor’s claimed exemption in the portion of his state income tax...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges
Tag(s):

U.S.A. v. Bond

Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
Judge(s):
Jacobs, Sack, and Lohier
Tag(s):

Bank of America v. Caulkett

Citation:
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling:
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s):
Marcus, Pryor, Edmondson, Circuit Judges
Tag(s):

Manty v. Johnson (In re Johnson)

Citation:
In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th...
Judge(s):
FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.
Tag(s):

Kim v. Dome Entertainment Ctr, Inc.

Citation:
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling:
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor...
Judge(s):
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
Tag(s):

Satterfield v. Malloy

Citation:
Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
Ruling:
The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
Judge(s):
Lucero, O'Brien and Matheson
Tag(s):

Richardson v. Schafer (In re Schafer)

Citation:
Sixth Circuit Court of Appeals File Name: 12a0274p.06
Ruling:
AFFIRMING the ruling of the Bankruptcy Court for the Western District of Michigan, the Sixth Circuit Court of Appeals held Michigan's bankruptcy-specific state exemption law was constitutional...
Judge(s):
Cole, Clay and Mattice (District Judge for E.D. Tenn.); Opinion by Cole
Tag(s):

Johnson v. Zimmer

Citation:
Tanya Rene Johnson v. William H. Zimmer, et al., No. 11-2034 (4th Cir. July 11, 2012).
Ruling:
In this 2-1 ruling, the Fourth Circuit adopted the "economic unit" standard for determining household size under the Chapter 13 Means Test. It also held that a part-time household member, such as a...
Judge(s):
Judge G. Steven Agee wrote the opinion of the Court affirming the Bankruptcy Court, which was joined by Judge Robert B. King. Judge J. Harvie Wilkinson, III, wrote a dissenting opinion.
Tag(s):

Ortiz v. Aurora Health Care, Inc. (In re Ortiz)

Citation:
Ortiz v. Aurora Health Care, Inc. (In re Ortiz), Case No. 10-3465 (7th Cir., Dec. 30, 2011)
Ruling:
Relying upon Stern v. Marshall, the Seventh Circuit held that the bankruptcy court did not have constitutional authority to issue a final judgment in adversary proceedings involving claims defined...
Judge(s):
Daniel Tinder (7th Circuit), Ann Williams (7th Circuit), Joan Gottschall (Northern District of Illinois)
Tag(s):

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