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Summarizing by Paul Stewart

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):

Hindra v. Duetsche Bank National Trust Co. (In re Hindra)

Citation:
BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's decision denying the erstwhile debtor's motions to vacate dismissal of, and to reopen, her chapter 13 case.
Judge(s):
KURTZ, TAYLOR, and FARIS, Bankruptcy Judges
Tag(s):

Parr v. Rodriguez (In re Parr)

Citation:
No. CO-18-084, 2019 WL 365748 (10th Circuit, Jan 30,2019) Not Published
Case Status:
Affirmed
Ruling:
Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.
Judge(s):
Nugent, Cornish, Jacobvitz
Tag(s):

IN RE: SMITH

Citation:
No. 18-3000 (3rd Circuit, Dec 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...
Judge(s):
AMBRO, KRAUSE and PORTER
Tag(s):

IN RE: BOYCE

Citation:
BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

IN RE: MARITIME COMMUNICATIONS/LAND MOBILE L.L.C.

Citation:
17-60742 (5th Circuit, Dec 20,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Judge(s):
Per Curiam (Smith, Wiener, Willett)
Tag(s):

IN RE: IMMC CORPORATION

Citation:
No. 18-1177 (3rd Circuit, Nov 28,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the orders of the Bankruptcy Court and District Court, finding, in part, that the Bankruptcy Court lacked jurisdiction to transfer the trustee’s...
Judge(s):
Shwartz, Roth, and Rendell, Circuit Judges
Tag(s):

BIAS v. TANGIPAHOA PARISH SCHOOL BOARD

Citation:
17-30982 (5th Circuit, Dec 05,2018) Published
Case Status:
Affirmed
Ruling:
Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
Judge(s):
Stewart, King, Owen
Tag(s):

IN RE: THE VAUGHAN COMPANY REALTORS

Citation:
18-2030 (10th Circuit, Nov 06,2018) Published
Case Status:
Affirmed
Ruling:
An appeal of a denial of a Rule 60(b) motion must be filed within 14 days after entry of the denial. Fed. R. Bankr. P. 8002(a). The appellants waited 23 days before filing the appeal. Because Rule...
Judge(s):
HOLMES, O’BRIEN, and CARSON
Tag(s):

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