JORDEN SALDANA, ET AL V. MARTHA BR

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 month 6 days ago

Citation:

23-15860 (9th Circuit, Nov 22,2024) Published

Case Status:

Reversed and Remanded

Ruling:

Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...

Judge(s):

Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 541(b)(7)
• 1325
• 541
• 1306

Erickson v. Wilson-Aguilar (In re Erickson)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 months 2 weeks ago

Citation:

No. 23-60037 (9th Circuit, Sep 24,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...

Judge(s):

FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge

Tag(s):

• 9th Circuit
• Claims
• Plan Confirmation
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• 11 U.S.C. § 105(a)
• 11 U.S.C. § 349(a)
• 11 U.S.C. § 1307(c)
• 11 U.S.C. § 1322(b)(2)
• (3).

TOWN SPORTS INTERNATIONAL, LLC V RAMON MORENO-CUEVAS

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

Citation:

24-1020 (3rd Circuit, Aug 21,2024) Not Published

Case Status:

Affirmed

Ruling:

In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...

Judge(s):

Cheryl Ann Krause; Paul Matey; and Cindy K. Chung

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Claims
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Real Estate
• Small Business
• 11 U.S.C. § 362(d)(1); 11 U.S.C. § 542(a)(2)

SHEILA ANN TRANTHAM, Debtor — Appellant, v. STEVEN G. TATE, Trustee — Appellee

• Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
• 4 months 3 weeks ago

Citation:

No. 22-2263 (4th Circuit, Aug 13,2024) Published

Case Status:

Reversed and Remanded

Ruling:

The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...

Judge(s):

Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz

Tag(s):

• 4th Circuit
• Plan Confirmation
• Practice and Procedure
• Consumer Bankruptcy

MONTE MASINGALE, ET AL V. JOHN D.

• Summarized by Michael Myers , Ballard Spahr LLP
• 5 months 1 week ago

Citation:

22-60050, 22-60053 (9th Circuit, Jul 26,2024) Published

Case Status:

Reversed and Remanded

Ruling:

A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...

Judge(s):

Gould, Bress, and Koh

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Fed. R. Bankr. P. 4003; Fed. R. Bankr. P. 1019
• 11 U.S.C. § 522

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)

CLO HoldCo, Ltd. v. Kirschner (In re Highland Cap. Mgmt. LP)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 2 weeks ago

Citation:

No. 23-10660 (5th Circuit, May 21,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...

Judge(s):

Smith, Haynes, and Douglas

Tag(s):

• 5th Circuit
• Claims
• Plan Confirmation
• Practice and Procedure

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 1 week 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)

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