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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

IN RE: LANE

Citation:
18-8005 (6th Circuit, Oct 30,2018) Published
Case Status:
Dismissed
Ruling:
The BAP dismissed creditor's appeal from an order denying a post-confirmation motion to dismiss, holding it was not a final order under In re Jackson Masonry and Bullard v. Blue Hills Bank. The BAP...
Judge(s):
Buchanan, Dales & Wise. Opinion by Dales.
Tag(s):

NEWMAN v UNIVERSITY OF DAYTON

Citation:
17-4241 (6th Circuit, Oct 24,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed dismissal of plaintiff-appellant Peter Newman’s claims against his former employer and others because Newman had failed to disclose both the existence of those claims and the income from...
Judge(s):
GUY, WHITE, and STRANCH
Tag(s):

THERMO CREDIT, LLC v DCA SERVICES, INC.,

Citation:
Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
Judge(s):
Gibbons, Stranch and Bush, Circuit Judges
Tag(s):

IN RE: HOAG URGENT CARE-TUSTIN, INC.

Citation:
BAP No. CC-18-1075-FLS (9th Circuit, Oct 11,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of bankruptcy court (CD Cal.) denying debtors' motion to extend exclusivity period for filing chapter 11 plan. Bankruptcy court order was not final, appealable...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

IN RE: LE

Citation:
BAP No. AZ-17-1308-BaFS (9th Circuit, Oct 22,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Az.) in favor of plaintiff creditor on 11 USC 523(a)(6) claim. Defendant's conduct was tortious under Arizona state law and willful and...
Judge(s):
Bason, Faris, Spraker
Tag(s):

HSBC BANK USA, N.A. v CRUM

Citation:
No. 17-11206 (5th Circuit, Oct 17,2018) Published
Case Status:
Affirmed
Ruling:
5th Circuit affirmed district court (ND Tx.)'s grant of plaintiff's motion for summary judgment in foreclosure suit. Debtor defendant appealed to 5th Circuit. Plaintiff was valid holder of note...
Judge(s):
Stewart, Wiener, Higginson
Tag(s):

BUNKER HOLDINGS LTD. v YANG MING LIBERIA CORP

Citation:
No. 16-35539 (9th Circuit, Oct 11,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part district court's (WD Wa.) summary judgment in favor of defendant vessel owner in bunker supplier's (marine fuel) suit for payment based on maritime...
Judge(s):
Smith, Watford, Rayes
Tag(s):

IN RE: PAIGE

Citation:
No. 18-1124 (3rd Circuit, Sep 27,2018) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the Bankruptcy Court’s rulings, finding that the arguments by the pro-se debtors, Christopher Howard Paige and Michele Anna Paige, were “wholly...
Judge(s):
Jordan, Vanaskie, and Nygaard, Circuit Judges
Tag(s):

IN RE: ENERGY FUTURE HOLDINGS CORP., et al,

Citation:
18-1109 (3rd Circuit, Sep 13,2018) Published
Case Status:
Affirmed
Ruling:
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
Tag(s):

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