MARGUERITE POTTER and KEVIN POTTER

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 6 months 1 week ago

Citation:

23-2625 (3rd Circuit, Jun 26,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...

Judge(s):

JORDAN, PHILLPS and NYGAARD, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Real Estate
• 11 U.S.C. 362(k); 28 U.S.C. 157(a)

Ricky Hughes v. Wisconsin Central, Ltd.

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 6 months 1 week ago

Citation:

23-1410 (8th Circuit, Jun 25,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) held that Ricky Hughes (DR), a former chapter 13 debtor whose first plan payment dated nearly 10 years earlier, had the standing to...

Judge(s):

Ralph R. Erickson; Michael J. Melloy; and David Stras

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Professional Practice Areas
• 11 U.S.C. § 554(d); 11 U.S.C. § 1322(d)(1); 11 U.S.C. § 1327(b); 11 U.S.C. § 1329(a)

IN RE: A&D PROPERTY CONSULTANTS, LLC, ET

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 6 months 3 weeks ago

Citation:

23-60040 & 23-60041 (9th Circuit, Jun 06,2024) Not Published

Case Status:

Affirmed

Ruling:

Resolving consolidated appeals by A&D Property Consultants LLC (AD) of a decision by the circuit's bankruptcy appellate panel (BAP) affirming two bankruptcy court (BC) orders, the U.S. Court of...

Judge(s):

Sidney R. Thomas; Eric D. Miller; and Richard D. Bennett

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7013
• 11 U.S.C. § 363(b)(1); 11 U.S.C. § 363(e); 11 U.S.C. § 363(f); 11 U.S.C. § 363(h); 11 U.S.C. § 541(a)(1)

WILLIAM F. KAETZ V. ECMC; EXPERIAN; TRANSUNION; EQUIFAX

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 6 months 3 weeks ago

Citation:

No. 23-2897 (3rd Circuit, Jun 18,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential per curiuam opinion, the Third Circuit affirmed the decision of the District Court dismissing the pro se debtor, William Kaetz's, complaint against a student loan servicer...

Judge(s):

JORDAN, RESTREPO, and FREEMAN, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(8)

In re: RONALD WILLIAM KIPPS

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 7 months 1 day ago

Citation:

23-2307 & 23-2308 (3rd Circuit, May 07,2024) Not Published

Case Status:

Affirmed

Ruling:

As had the U.S. District Court for the Middle District of Pennsylvania (DC), the U.S. Court of Appeals for the Third Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the...

Judge(s):

David J. Porter; Tamika Montgomery-Reeves; and Jane Richards Roth

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Debt
• Family/Divorce Issues
• 11 U.S.C. § 362(a)(1); 11 U.S.C. § 362(b)(2)(A)(iv); 11 U.S.C. § 501; 11 U.S.C. § 502; 11 U.S.C. § 1322(d)(2)

Charles Breland, Jr. v. Commissioner of IRS

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 7 months 1 week ago

Citation:

23-12345 (11th Circuit, May 31,2024) Not Published

Case Status:

Affirmed

Ruling:

The Eleventh Circuit affirmed the tax court's determination that the consent order entered between the IRS and Breland during the pendency of his chapter 11 bankruptcy did not fix Breland's tax...

Judge(s):

Wilson, Branch, and Luck, Circuit Judges.

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Claims
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Bankruptcy Taxation

IN RE: TIFFANY D. SMITH

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 2 weeks ago

Citation:

22-3418 (3rd Circuit, May 22,2024) Published

Case Status:

Affirmed

Ruling:

Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...

Judge(s):

JORDAN, BIBAS, and PORTER

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 1327(a)
• 1329(a). 1329(d)

Patricia Lee v. U.S. Bank National Association

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 2 weeks ago

Citation:

21-13887 (11th Circuit, May 23,2024) Published

Case Status:

Affirmed

Ruling:

In a split opinion (Chief Judge Pryor, dissenting) -- in which both the majority and the dissent focused on the meaning of the word "is" -- the Eleventh Circuit held that 11 U.S.C. § 1125(a)(3)...

Judge(s):

WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir-cuit Judges

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Mortgage
• 1123(b)(5)
• 101(13A)(A)
• 101(27B)(A)

Marilyn Marshall v. Edward Johnson

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 8 months 5 days ago

Citation:

22-04449 (7th Circuit, May 03,2024) Published

Case Status:

Affirmed

Ruling:

Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...

Judge(s):

Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 1326(a)(2); 11 U.S.C. § 1141; 11 U.S.C. § 1226(a)(2); 11 U.S.C. § 1194(a)(3); 28 U.S.C. § 586(e)(2)

Zarour v. JP Morgan Chase Bank (In re Zarour)

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 8 months 2 weeks ago

Citation:

23-457-bk (2nd Circuit, Apr 25,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential Summary Order, based on principles of res judicata, the Second Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court that...

Judge(s):

Parker, Loheir, Jr. and Nathan

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage

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