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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Benzeen Inc. v. UST - United States Trustee, Woodland Hills (In re Benzeen Inc.)

Citation:
CC-18-1185-FLS, 2019 WL 1096334 (9th Circuit, Mar 06,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court cannot sua sponte dismiss debtor's chapter 11 case without providing debtor with proper notice prior to dismissing its case or considering the best interests of the estate and...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

Adkins v Wentz & Wentz (In re Adkins)

Citation:
BAP No. NV-18-1204-KuTaB (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...
Judge(s):
Kurtz, Taylor, Brand
Tag(s):

Glaser and Khomyakova v. Krohn (In re Glaser and Khomyakov)

Citation:
BAP No. NV-18-1175-KuTaB (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...
Judge(s):
Kurtz, Taylor, Brand
Tag(s):

Holly MacIntyre v. JP Morgan Chase Bank, N.A. (In re Macintyre)

Citation:
BAP No. CO-18-085 (10th Circuit, Mar 05,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
Judge(s):
Cornish, Jacobvitz, Mosier
Tag(s):

Steven Dollman v. Philip Montoya (In re Mendoza & Armijo)

Citation:
BAP Nos. NM-18-019, NM-18-030 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...
Judge(s):
Michael, Romero, and Somers
Tag(s):

Wohleber v. Skurko & Gentile (In re Wohleber)

Citation:
18-8008 (6th Circuit, Mar 04,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...
Judge(s):
HARRISON, HUMPHREY, and OPPERMAN
Tag(s):

Trinity 83 Development LLC v. Colfin Midwest Funding LLC

Citation:
18-2117 (7th Circuit, Mar 01,2019) Published
Case Status:
Affirmed
Ruling:
Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...
Judge(s):
Easterbrook, Barrett, and Scudder
Tag(s):

BMO Harris Bank N.A. v. Carol Anderson

Citation:
No. 17-3073 (7th Circuit, Feb 26,2019) Published
Case Status:
Affirmed
Ruling:
Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...
Judge(s):
Easterbrook, Kanne, Brennan
Tag(s):

Mendez-Nunez v. FOMB

Citation:
18-1773 (1st Circuit, Feb 20,2019) Published
Case Status:
Affirmed
Ruling:
Claims challenging the PROMESA Board’s decisions to not certify Puerto Rico’s fiscal plan and to instead certify a fiscal plan of its own development were properly dismissed for lack of subject...
Judge(s):
Lynch, Souter (by designation), Stahl
Tag(s):

Menendez v. Montoya (In re Dollman)

Citation:
BAP No. N-18-019 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded ruling of bankruptcy court (D. NM) denying debtors' motions to amend schedules, including claimed exemptions, after cases had been closed. BAP ruled that...
Judge(s):
Michael, Romero, Somers
Tag(s):

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