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In re: Philip Charles DeVries

Citation:
20-6011 (8th Circuit, Nov 25,2020) Published
Case Status:
Reversed
Ruling:
As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...
Judge(s):
Barry S. Schermer (Author); Charles L. Nail, Jr.; and Dennis R. Dow
Tag(s):

Lawrence Wohleber, Jr. v. Jennifer Skurko

Citation:
19-3223, 19-3225 (6th Circuit, Nov 18,2020) Not Published
Case Status:
Dismissed
Ruling:
The Panel dismissed the appeal, of Jennifer Skurko (Skurko) and Leslie Gentile (Gentile, and with Skurko, Defendants), of an order of the Bankruptcy Appellate Panel (BAP), which reversed the...
Judge(s):
Helene N. White; Alice M. Batchelder; and Eric E. Murphy
Tag(s):

LaTasha Tennial v. REI Nation

Citation:
No. 20-5358 (6th Circuit, Oct 28,2020) Published
Case Status:
Affirmed
Ruling:
Having previously treated Bankruptcy Rule 8002(a)(1)'s appellate deadline as jurisdictional, the Sixth Circuit here held it to be mandatory. The panel pointed to Supreme Court cases limning the...
Judge(s):
Jeffrey S. Sutton; Deborah L. Cook; and Helene N. White
Tag(s):

In re Leonard Mosher

  • Summarized by Kristin Jain , Jain Law & Associates PLLC
  • 5 years 5 months ago
Citation:
19-8073 (10th Circuit, Oct 27,2020) Not Published
Case Status:
Affirmed
Ruling:
Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
Judge(s):
Lucero, Holmes, Eid
Tag(s):

In re Phillip and Jennifer Rodriguez

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 5 years 6 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. NC-20-1086-TaBG (9th Circuit, Oct 16,2020) Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court’s denial of confirmation and decision to disallow vehicle operation expense over the value provided by the Local Standards set forth by the Internal Revenue...
Judge(s):
The Hons. Taylor, Brand, and Gan
Tag(s):

In re Adam Lee

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 5 years 6 months ago
Citation:
BAP No. HI-20-1036-BGTa (BAP 9th Cir. Oct. 6, 2020) (unpublished) (9th Circuit, Oct 06,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Haw) sanctioning a pro se alleged creditor for filing frivolous complaints against the chapter 7 trustee. The BAP held...
Judge(s):
Brand, Gan, Taylor
Tag(s):

Mission Product Holdings v. Schleicher and Stebbings Hotels LLC

  • Summarized by David Baker , Law Office of David G. Baker
  • 5 years 6 months ago
Citation:
19-9004 (1st Circuit, Oct 01,2020) Published
Case Status:
Affirmed
Ruling:
Appellate mootness rejected and bankruptcy court affirmed on the merits.
Judge(s):
Howard, C.J.; Selya; and Kayatta (author)
Tag(s):

In re Dennis Baham

Citation:
NV-20-1081-TaBG (9th Circuit, Sep 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Judge(s):
Laura S. Taylor; Julia W. Brand; and Scott H. Gan
Tag(s):

In re Gardens Regional Hospital and Medical Center, Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 7 months ago
Citation:
No. 18-60016 (9th Circuit, Sep 16,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...
Judge(s):
Wardlaw, Collins, Bataillon
Tag(s):

In re Racing Services

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 7 months ago
Citation:
No. 20-6002 (8th Circuit, Sep 16,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 8th Cir. affirmed in part and reversed in part ruling of bankruptcy court (D. ND - Fargo) disallowing claim due to lack of standing, untimeliness, and laches. Notwithstanding long period...
Judge(s):
Nail, Shodeen, Dow
Tag(s):

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