Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)
Ruling:
AFFIRMED lower courts' orders and upheld the debtor's homestead exemption, even though the debtor clearly intended to sell the property and move back to Australia. "The fact that a party desires...
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
9 years 10 months ago
Citation:
D.C. Cir. # 15-7045 (decided August 5, 2016)
Ruling:
The district court erred in applying the pre-filing injunction to the Debtor's appeals from the bankruptcy court and the matter remanded to the district court for resolution. The two matters...
Judge(s):
Circuit Judges Sri Srinivasan, Patricia A. Millett and Robert L. Wilkins. Judge Srinivasan authored the Opinion for the Court.
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling:
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised...
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (W.D. Mo. - Springfield) holding that a sheriff's posting of execution application and order on boat slip was sufficient...
Wittman v. Koenig, No. 15-2798 (7th Cir. July 26, 2016) (unpublished opinion).
Ruling:
Annuities complying with §72 of the Internal Revenue Code satisfy Wis. Stat. §815.18(3)(j)’s compliance requirement, and thus may be claimed as bankruptcy exemptions if they meet additional...
The BAP for the 9th Cir. affirmed in part, and reversed in part, the judgment of the bankruptcy court (D. Az.) rejecting the 523(a)(2)(A) nondischargeability claim of plaintiffs, and awarding...
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable....
Elliott v. General Motors LLC (In re Motors Liquidation Co.), Case Nos. 15-2844, 15-2847, 15-2848 (2d Cir. N.Y. July 13, 2016).
Ruling:
The Second Circuit Court of Appeals determined that the debtor, General Motors Corporation ("Old GM"), had an obligation to provide notice to vehicle owners with defects of which Old GM knew or...
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
9 years 11 months ago
Citation:
Marshall v. Honeywell Technology Systems Inc. No. 14-7190 (July 12, 2016)
Ruling:
The district court did not abuse its discretion in holding that the Debtor's non-disclosure of the underlying discrimination complaint on the ground of judicial estoppel, stemming from her failure...
Judge(s):
Before Karen LeCraft Henderson and Thomas B. Griffith, Circuit Judges, and Senior Circuit Judge A. Raymond Randolph.
Senior Circuit Judge Randolph filed the opinion of the Court, with a reasoned dissent by Circuit Judge Griffith.
