In re Sisk, Candalla and Mercado

Citation:
18-17445; 18-17446; 18-17447; 18-17448 (9th Circuit, Jun 22,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When there is no objection, a chapter 13 plan need not include a fixed duration, because chapter 13 does not expressly prohibit plans with estimated lengths.
Judge(s):
Wardlaw, Smith, Bumatay
Tag(s):

Blixseth v. Credit Suisse

Citation:
16-35304 (9th Circuit, Jun 11,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the confirmation of a Chapter 11 Plan that included a limited non-consensual third party release of certain creditors for potential claims arising out of conduct in the...
Judge(s):
Richard A. Paez, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.
Tag(s):

Freddie Brown v. Mary Viegelahn

Citation:
19-50177 (5th Circuit, Jun 08,2020) Published
Case Status:
Reversed and Remanded
Ruling:
In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
Judge(s):
Southwick, Graves and Englehardt
Tag(s):

In re Camile Davis

Citation:
19-3117 (6th Circuit, Jun 01,2020) Published
Case Status:
Reversed and Remanded
Ruling:
On direct appeal from bankruptcy court, the Sixth Circuit vacated and remanded an order confirming a Chapter 13 plan after the Debtor amended to include her long-standing 401(k) contributions as...
Judge(s):
Clay, Larsen & Readler; Opinion by Larsen; Dissent by Readler
Tag(s):

In re Erickson

Citation:
WW-19-1251-FSTa & WW-19-1277-FSTa (9th Circuit, May 29,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (WD Wa.) dismissing chapter 13 debtor's case. Bankruptcy court properly rejected debtor's due process argument that she did not have adequate...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

In re Sergio and Esmeralda Miranda

Citation:
BAP No. CC-19-1206=LGS (9th Circuit, May 07,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditors following debtors' claims alleging breach of confirmed chapter 11...
Judge(s):
Lafferty, Gan, Spraker
Tag(s):

Wheeling and Lake Erie Ry. Co. v. Keach

Citation:
19-1894 (1st Circuit, Apr 09,2020) Published
Case Status:
Affirmed
Ruling:
The First Circuit affirmed the district court judgment giving due deference to the factfinder's resolution of the burden of proof issue.
Judge(s):
Howard, Salya and Lynch
Tag(s):

John Finstad v. James Gord

Citation:
19-6035 (8th Circuit, Mar 27,2020) Published
Case Status:
Affirmed
Ruling:
State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....
Judge(s):
SHODEEN, DOW, and SANBERG
Tag(s):

In re Energy Future Holdings Corp.

Citation:
19-1430 (3rd Circuit, Mar 18,2020) Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
Tag(s):

In re Kent and Carley Rae Burton

Citation:
BAP No. AZ-19-1126-LTaF (9th Circuit, Jan 14,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed dismissal of chapter 13 case after bankruptcy court (D. Az.) determined that debtors' potential recovery from marijuana business lawsuit created impermissible risk of...
Judge(s):
Lafferty, Taylor, Faris
Tag(s):

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