Singh v, Singh (In re Singh)

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 day 12 hours ago

Citation:

BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published

Case Status:

Affirmed

Ruling:

For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...

Judge(s):

FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• §§ 727(a)(2)(A) and (a)(4)

City of Chicago v. Marilyn O. Marshall (In re Steenes)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 5 days 14 hours ago

Citation:

Nos. 17-3630, 17-3663 & 17-3664 (7th Circuit, Mar 14,2019) Published

Case Status:

Reversed

Ruling:

Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...

Judge(s):

Easterbrook, Rovner, and Hamilton

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C. § 1327(b)

Maria Nino v. Flagstar Bank, FSB (In re Nino)

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 1 week 6 days ago

Citation:

Case No. 18-1503;File Name: 19a0107n.06 (6th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

Sixth Circuit upheld District Court's order dismissing consumer's complaint as follows: (i) under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as it did not apply to the defendant...

Judge(s):

Clay, McKeague and White, Circuit Judges

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Consumer Debt
• Mortgage

Adkins v Wentz & Wentz (In re Adkins)

• Summarized by Lars Fuller , BakerHostetler
• 2 weeks 3 hours ago

Citation:

BAP No. NV-18-1204-KuTaB (9th Circuit, Mar 05,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...

Judge(s):

Kurtz, Taylor, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Small Business
• 11 USC 523

Glaser and Khomyakova v. Krohn (In re Glaser and Khomyakov)

• Summarized by Lars Fuller , BakerHostetler
• 1 week 6 days ago

Citation:

BAP No. NV-18-1175-KuTaB (9th Circuit, Mar 05,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...

Judge(s):

Kurtz, Taylor, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C § 541

Holly MacIntyre v. JP Morgan Chase Bank, N.A. (In re Macintyre)

• Summarized by Lars Fuller , BakerHostetler
• 1 week 2 days ago

Citation:

BAP No. CO-18-085 (10th Circuit, Mar 05,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...

Judge(s):

Cornish, Jacobvitz, Mosier

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Mortgage
• Professional Practice Areas
• Real Estate
• Rule 5010
• § 350

Marshall v. McCarty (In re: Marshall)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 2 weeks 1 day ago

Citation:

18-6024 (8th Circuit, Feb 28,2019) Not Published

Case Status:

Affirmed

Ruling:

.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...

Judge(s):

Saladino, Nail, and Dow

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Certification
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C.S. § 109

Madatian v. Goldman (In re Madatian)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 1 month 3 days ago

Citation:

18-1166 (9th Circuit, Feb 11,2019) Not Published

Case Status:

Affirmed

Ruling:

Chapter 7 Trustee was entitled to turnover of debtor’s residential property, and could evict debtor from the property, under § 542(a) inasmuch as “there[] [was] ample evidence demonstrating...

Judge(s):

Faris, Kurtz, and Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 USC 542(a)

Peter Kvassay v. Robert Kvassay (In re Peter Kvassay)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 1 month 4 days ago

Citation:

18-1148 (9th Circuit, Feb 11,2019) Not Published

Case Status:

Affirmed

Ruling:

Chapter 7 discharge barred trustee of trustee from seeking to collect on debts owed to the trustee of an estate planning trust in his individual capacity, but did not prohibit the trustee, in his...

Judge(s):

Taylor, Faris, and Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Fed R Bankr P 7056
• 11 U.S.C § 727; 11 U.S.C § 524

Booker v. Johns (In re Booker)

• Summarized by J. Lockridge , Kean Miller LLP
• 1 month 4 days ago

Citation:

18-30526 (5th Circuit, Feb 11,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...

Judge(s):

Jolly, Jones, Dennis

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 1325

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