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In re Koshkalda

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 12 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
  • 6 years 1 week 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

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):

Richard Lauter v. Wells Fargo Bank

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 1 month ago
Citation:
19-6013 (8th Circuit, Mar 19,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Misty Brady v. Maxus Healthcare Partners, et al

Citation:
19-10974 (5th Circuit, Mar 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
Judge(s):
HIGGINBOTHAM, HO, and ENGELHARDT
Tag(s):

In re Paul Orlandi

  • Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
  • 6 years 1 month ago
Citation:
19-8001 (6th Circuit, Feb 28,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed in part and reversed in part the bankruptcy court (N.D. Ohio)'s discharge violation finding. Failure to require a contempt proceeding...
Judge(s):
Dales, Harrison (author), and Opperman
Tag(s):

In re Maggie Liu

Citation:
BAP Nos. CC-19-1039-STaF and CC-19-1040-STaF (9th Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
Appeal of order denying motion to dismiss the debtor's chapter 7 case pursuant to section 109(g)(2) filed several months after the order was entered was was dismissed for lack of appellate...
Judge(s):
SPRAKER, TAYLOR, and FARIS
Tag(s):

Ocwen Loan Servicing v. Marino (In re Marino)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 2 months ago
Citation:
Nos. 18-60005, 18-60006, 18-60040, 18-60041 (9th Circuit, Feb 10,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
Judge(s):
Wallace, Murguia, Lasnik
Tag(s):

Dewitt v. Stewart (In re Stewart)

Citation:
18-9007 (1st Circuit, Feb 03,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...
Judge(s):
Howard, Torruella, Seyla
Tag(s):

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