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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Wilkins v. Menchaca

Citation:
CC-17-1335-KuLS, CC-17-1337-KuLS, CC-17-1346-KuLS (9th Circuit, Jun 28,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeals based on lack of jurisdiction. Time to appeal under FRBP 8002(d)(1)(B) was statutory and jurisdictional, not "mandatory claim-processing rule," i.e.,...
Judge(s):
Kurtz, Lafferty, Spraker
Tag(s):

Fallon Family, L.P. v. Goodrich Petroleum Corp.

Citation:
No. 17-20278 (5th Circuit, Jun 27,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
Judge(s):
Davis, Jones, Higginson
Tag(s):

Furlough v. Cage (In re Technicool Systems, Inc.)

Citation:
17-20603 (5th Circuit, Jun 20,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
Judge(s):
Willett, Smith, Wiener
Tag(s):

WHITE v SQUARE, INC.

Citation:
No. 16-17137 (9th Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
9th Cir. issued order certifying questions to California Supreme Court regarding standing to sue under California's Unruh Act (equal protection statute). Issue was whether bankruptcy attorney had...
Judge(s):
Paez, Ikuta, Vialiano* (*sitting by designation)
Tag(s):

IN RE MASTRO

Citation:
WW-17-1226-TaSKu (9th Circuit, Jun 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. BAP held that a bankruptcy court has authority under § 105(a) and Rule 2004 to compel a debtor to sign a "Consent Directive" which directs foreign banks and financial institutions that...
Judge(s):
TAYLOR, SPRAKER, and KURTZ, Bankruptcy Judges
Tag(s):

IN RE FAGERDALA USA

Citation:
No. 16-35430 (9th Circuit, Jun 04,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
Judge(s):
Smith, Christen, Hurwitz
Tag(s):

Franchise Services of N.A., Inc. v. U.S. Trustee

Citation:
No. 18-60093 (5th Circuit, May 22,2018) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (SD Miss) on direct appeal of order dismissing chapter 11 case based on failure to obtain shareholder consent for bankruptcy. Federal law does not prevent...
Judge(s):
King, Jones, Graves
Tag(s):

Parr v. Rodriguez

Citation:
17-1258 (10th Circuit, May 22,2018) Not Published
Case Status:
Affirmed
Ruling:
In the bankruptcy context, a more stringent standing requirement than the case or controversy standing requirement of Article III is applied and only a person aggrieved by a bankruptcy court order...
Judge(s):
Bacharach, McKay, Baldock
Tag(s):

Brown v. Barclay

Citation:
BAP No. SC-17-1068-AKuS (9th Circuit, May 21,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed summary judgment entered by bankruptcy court (SD Cal.) in favor of plaintiff-chapter 7 trustee avoiding debtor's postpetition transfer of inheritance proceeds to his...
Judge(s):
Alston, Kurtz, Spraker
Tag(s):

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