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LVNV Funding, LLC v. Harling, v. Simmons-Beasley

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 8 years 11 months ago
Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

Gugliuzza v. Federal Trade Commission (In re Gugliuzza)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
No. 15-55510 (9th Circuit, Mar 24,2017) Published
Case Status:
Dismissed
Ruling:
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Judge(s):
Callahan, Bea, Ikuta
Tag(s):

Brown v. Ellmann (In re Brown)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 11 months ago
Citation:
16-1967 (6th Circuit, Mar 20,2017) Published
Case Status:
Affirmed
Ruling:
Section 522 will not support an exemption on the basis of state-law redemption rights in a piece of property if the proceeds from the sale of that property are insufficient to satisfy the prior...
Judge(s):
Merritt, Kethledge, White (Merritt)
Tag(s):

Shiner v. Turnoy

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
No. 14-2999 (7th Circuit, Mar 16,2017) Published
Case Status:
Reversed
Ruling:
In a non-bankruptcy matter, 7th Circuit (J. Posner writing) reversed district court's (N.D. Illinois, E.D.) entry of summary judgment and directed entry summary judgment in favor of appellant....
Judge(s):
Posner, Sykes, Hamilton
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 11 months ago
Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

Galaz v. Galaz (In re Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 11 months ago
Citation:
15-51194 (5th Circuit, Mar 10,2017) Published
Case Status:
Affirmed
Ruling:
The district court did not err by (1) referring "non-core" fraudulent transfer claims to the bankruptcy court for proposed findings of fact and conclusions of law, and (2) adopting such findings...
Judge(s):
Clement, Smith, Southwick (opinion by Clement)
Tag(s):

Javehery v. Javeheri-Leitner (In re Javehery)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP No. CC-16-1195-CTaF (9th Circuit, Mar 14,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
Judge(s):
Clement, Taylor, Faris
Tag(s):

Charnetsky v. Buenviaje (In re Buenviaje)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP No. CC-16-1347-TaFC (9th Circuit, Mar 10,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.) on other grounds, agreeing that funds in a bank account exclusively derived from social security payments were...
Judge(s):
Taylor, Faris, Clement
Tag(s):

Stein v. Stubbs (In re Stubbs)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 8 years 12 months ago
Citation:
File Name: 17b0003p.06; Case Nos. 16-8025/8027 (6th Circuit, Mar 09,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's orders denying the Chapter 7 Trustee's motion for default judgment, dismissing the adversary proceeding and vacating...
Judge(s):
Humphrey, Opperman and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

Colby v. Milholland

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

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