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RUBEN PALAZZO, V. BAYVIEW LOAN SERVICING, LLC

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Gugliuzza v. Federal Trade Commission (In re Gugliuzza)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 day ago
Citation:
No. 15-55510 (9th Circuit, Mar 24,2017) Published
Case Status:
Dismissed
Ruling:
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Judge(s):
Callahan, Bea, Ikuta
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 1 week ago
Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

Tower Credit, Inc. v. Schott (In the Matter of Jackson)

Citation:
No. 16-30274 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
Judge(s):
Davis, Dennis and Southwick. Opinion by Dennis
Tag(s):

Javehery v. Javeheri-Leitner (In re Javehery)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 week ago
Citation:
BAP No. CC-16-1195-CTaF (9th Circuit, Mar 14,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
Judge(s):
Clement, Taylor, Faris
Tag(s):

Charnetsky v. Buenviaje (In re Buenviaje)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 week ago
Citation:
BAP No. CC-16-1347-TaFC (9th Circuit, Mar 10,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.) on other grounds, agreeing that funds in a bank account exclusively derived from social security payments were...
Judge(s):
Taylor, Faris, Clement
Tag(s):

Colby v. Milholland

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 week ago
Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Lunsford, Sr. v. Process Technologies Services, LLC (In re Lunsford, Sr.)

Citation:
16-11578 (11th Circuit, Feb 15,2017) Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit held that the bankruptcy court made a finding of fact that the debtor violated state securities laws based on a state court judgment confirming an arbitration award entered...
Judge(s):
Pryor and Rosenbaum, Circuit Judges, and Ungaro, District Judge
Tag(s):

Wharton v. Schwartzer (In re Wharton)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 month ago
Citation:
BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Judge(s):
Jury, Fairs, Yun
Tag(s):

Chu v. State of Texas (In the Matter of Chu)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 month ago
Citation:
No. 15-11001 (5th Circuit, Feb 09,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (N.D Tex.), which affirmed bankruptcy court's entry of summary judgment in favor of creditor on objection to chapter 7 debtor's discharge. State of...
Judge(s):
Jolly, Higginbotham, Graves
Tag(s):

Mack v. ResCap Borrower Claims Trust, case no. 16-304-bk (2nd Cir. 2017) (summary order)

  • Summarized by Jin Kim , Allen & Overy LLP
  • 9 years 1 month ago
Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
Tag(s):

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