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In re Erickson

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 9 months ago
Citation:
WW-19-1251-FSTa & WW-19-1277-FSTa (9th Circuit, May 29,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (WD Wa.) dismissing chapter 13 debtor's case. Bankruptcy court properly rejected debtor's due process argument that she did not have adequate...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

David Schum v. Fortress Value Recovery Fund I, et

Citation:
20-10016 (5th Circuit, May 18,2020) Not Published
Case Status:
Affirmed
Ruling:
Filing a motion to reopen a bankruptcy case base or, more accurately, to revoke the confirmation order, based on information discovered six years earlier is untimely and constitutes vexatious and...
Judge(s):
DAVIS, SMITH, and HIGGINSON
Tag(s):

In re Christopher Boisaubin

Citation:
19-6040 (8th Circuit, May 14,2020) Published
Case Status:
Affirmed
Ruling:
Even though the debtor had no memory of the facts that gave rise to a cause of action that would have been an asset in his first bankruptcy case until after he had received a discharge in his...
Judge(s):
SALADINO, NAIL, and SANBERG
Tag(s):

In re Sergio and Esmeralda Miranda

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 9 months ago
Citation:
BAP No. CC-19-1206=LGS (9th Circuit, May 07,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditors following debtors' claims alleging breach of confirmed chapter 11...
Judge(s):
Lafferty, Gan, Spraker
Tag(s):

In re Ralph and Paula Isom

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 5 years 10 months ago
Citation:
BAP No. ID-19-1198-BGL (9th Circuit, Apr 22,2020) Not Published
Case Status:
Affirmed
Ruling:
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
Judge(s):
BRAND, GAN and LAFFERTY, Bankruptcy Judges
Tag(s):

Murray Kentucky Energy, Inc. v. Ceralvo Holdings, LLC.

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 10 months ago
Citation:
19-6038 (8th Circuit, Apr 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...
Judge(s):
Saladino, Nail, Sanberg
Tag(s):

In re Koshkalda

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 10 months ago
Citation:
BAP No. NC-19-1234-BTaF (9th Circuit, Apr 14,2020) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of chapter 7 debtor who objected to trustee's settlement with creditors. Debtor lacked standing to appeal the order approving settlement. Bankruptcy court...
Judge(s):
Brand, Taylor, Faris
Tag(s):

In re The Sunshine Group

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 10 months ago
Citation:
BAP Nos. CC-19-1105-GSL; CC-19-1106-GSL; CC-19-1107-GSL (9th Circuit, Apr 10,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (CD Cal.) denying motion to sell property free and clear and dismissing chapter 11 case based on findings that debtor filed the petition in...
Judge(s):
Gan, Spraker, Lafferty
Tag(s):

Wheeling and Lake Erie Ry. Co. v. Keach

Citation:
19-1894 (1st Circuit, Apr 09,2020) Published
Case Status:
Affirmed
Ruling:
The First Circuit affirmed the district court judgment giving due deference to the factfinder's resolution of the burden of proof issue.
Judge(s):
Howard, Salya and Lynch
Tag(s):

Chittranjan Thakkar v. Bay Point Capital Partners, LLC

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 5 years 10 months ago
Citation:
18-12536 (11th Circuit, Apr 08,2020) Published
Case Status:
Affirmed
Ruling:
The appellant did not have standing to maintain the appeal once the debtor withdrew from the appeal. Article III standing requires a person to establish a particularized, actual injury. In order to...
Judge(s):
WILSON, BRANCH, and JULIE CARNES
Tag(s):

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