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SHEEHAN v ASH

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 7 years 10 months ago
Citation:
17-1867 (4th Circuit, May 04,2018) Published
Case Status:
Affirmed
Ruling:
A debtor’s property exemptions can be derived from federal or state law, and the court must construe exemption provisions liberally in favor of the debtor and the exemption. The debtors’...
Judge(s):
Niemeyer, King, Brinkema (King)
Tag(s):

IN RE: BLASINGAME

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 7 years 10 months ago
Citation:
17-8009/8011 (6th Circuit, May 03,2018) Not Published
Case Status:
Affirmed
Ruling:
Residential real property that has been owned by a properly formed trust for nearly 15 years before the commencement of the debtors' Chapter 7 bankruptcy case is not property of the bankruptcy...
Judge(s):
HUMPHREY, OPPERMAN, and WISE, Bankruptcy Appellate Panel Judges
Tag(s):

Gleason v. Jansen

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 7 years 11 months ago
Citation:
No. 17-1658 (7th Circuit, Apr 25,2018) Published
Case Status:
Affirmed
Ruling:
Denial of Rule 60 relief proper when the "new evidence" was available via PACER at the time of trial. Court reiterated its statement in Kunilk v. Racine Cnty., 106 F.3d 168, 174 (7th Cir. 1997),...
Judge(s):
Wood, Chief Judge, and Kanne and Barrett, Circuit Judges
Tag(s):

Lorenzen v. Taggart

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 7 years 11 months ago
Citation:
16-35402 (9th Circuit, Apr 23,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court abused its discretion by concluding creditors knowingly violated the discharge injunction because a belief, even an unreasonable one, the discharge injunction did not apply...
Judge(s):
Edward Leavy, Richard A. Paez, and Carlos T. Bea
Tag(s):

In re Hamilton

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
BAP No. SC-17-1126-FBL & SC-17-1223-FBL (9th Circuit, Apr 17,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Circuit affirmed summary judgment on 523(a)(6) claim entered by bankruptcy court (S.D. Cal.). Bankruptcy court properly applied standard for willful injury; Ninth Circuit case did not...
Judge(s):
Faris, Brand, Lafferty
Tag(s):

Johnson v. W3 Investment Partners, LP

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
BAP No. SC-17-1194-LBF (9th Circuit, Apr 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed summary judgment entered by bankruptcy court (SD Cal.) on 523(a)(2)(A) claim. Bankruptcy court properly gave preclusive effect to prepetition stipulated judgment. BAP...
Judge(s):
Lafferty, Brand, Faris
Tag(s):

Fitzhugh v. Birdsell

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
AZ-17-1141-BLKu (9th Circuit, Apr 13,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...
Judge(s):
Brand, Lafferty, Kurtz
Tag(s):

Sprague v. Williams (In re van Winkle)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Murtaza v. Slaten (in re Murtaza)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
BAP No. CC-17-1153-SKuTa (9th Circuit, Apr 02,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Aniel v. ResCap Borrower Claims Trust (In re Residential Capital LLC

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 7 years 11 months ago
Citation:
17-1163-bk (2nd Circuit, Apr 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit affirmed the judgment of the district court and bankruptcy court orders disallowing appellants claims.
Judge(s):
Robert D. Sack, Peter W. Hall, Christopher F. Droney
Tag(s):

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