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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Bradley Pearce

In re COOPERATIVA DE AHORRO Y CREDITO DR

Citation:
19-1391 (1st Circuit, Mar 02,2021) Published
Case Status:
Dismissed
Ruling:
The Court of Appeals dismissed the Credit Unions' challenge to the Title III court's confirmation of the COFINA Plan as equitably moot.
Judge(s):
Howard and Kayata
Tag(s):

In re Christopher Paul Rabalais

Citation:
BAP No. CC-20-1216-GFL (9th Circuit, Mar 01,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (CD Cal.) denial of defendant's motion to strike plaintiff's notice of dismissal of adversary. Debtor failed to demonstrate any error by bankruptcy...
Judge(s):
Gan, Faris, Lafferty
Tag(s):

In re Arno Arutyunyan

Citation:
BAP No. CC-20-1006-GFL (9th Circuit, Feb 26,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) granting chapter 7 debtor's motion to dismiss with prejudice as untimely (FRBP 4007(c)) creditor's 11 USC 523(a)(2), (4), and (6)...
Judge(s):
Gan, Faris, Lafferty
Tag(s):

Victor Kearney v. Unsecured Creditors Committee

Citation:
19-2209 (10th Circuit, Feb 24,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
Tag(s):

In re Thomas Reynolds

Citation:
19-13537 (11th Circuit, Feb 23,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The doctrine of derivative jurisdiction does not apply to removed cases where the state court lacked personal jurisdiction over the defendants. Under the doctrine, jurisdiction of the federal court...
Judge(s):
Jordan, Lagoa and Brasher
Tag(s):

In re Thomas Crow

Citation:
19-8082 (10th Circuit, Feb 12,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the BAP, the circuit court concluded that a retirement account (RA) was held as a tenancy by the entirety by the Debtor (DR) and his wife and thus properly exempt per Wyoming law, status...
Judge(s):
Timothy M. Tymkovich; Mary B. Briscoe; and Robert E. Bacharach
Tag(s):

In re Contini

Citation:
BAP No. NV-19-1322-LBF (9th Circuit, Feb 03,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's dismissal of the debtor's case for failures to file schedules and a plan, to turn over tax returns and financial documentation, and to...
Judge(s):
LAFFERTY, BRAND, and FARIS, Bankruptcy Judges
Tag(s):

In re Gary Moll

Citation:
20-1002 (9th Circuit, Feb 02,2021) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that claim and issue preclusion barred...
Judge(s):
Laura S. Taylor; Scott H. Gan; and Christopher M. Klein
Tag(s):

Deutsche Bank, et al v. US Energy Dev, et al

Citation:
19-50646 (5th Circuit, Feb 03,2021) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (WD Tx.) ruling on lien priority and conflict of law issue. Applying Delaware UCC law, bank's prior perfected blanket security interest encompassed proceeds...
Judge(s):
Jolly, Jones, Engelhardt
Tag(s):

David Johnson v. Joseph Smith

Citation:
20-5505 (6th Circuit, Jan 28,2021) Not Published
Case Status:
Affirmed
Ruling:
The plaintiff's failure to serve a summons on a defendant in a defendant in an adversary proceeding as required by Fed. R. Bankr. P. 7004(e), and failure to timely cure his failure to properly...
Judge(s):
BATCHELDER, STRANCH, and NALBANDIAN
Tag(s):

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