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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Sprague v. Williams (In re van Winkle)

Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Murtaza v. Slaten (in re Murtaza)

Citation:
BAP No. CC-17-1153-SKuTa (9th Circuit, Apr 02,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Fred Martin Motor Co. v. Spitzer Autoworld Akron, LLC

Citation:
Fred Martin Motor Co. v. Spitzer Autoworld Akron, LLC, Case No. 17-1161 (6th Circuit, Apr 04,2018) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the District Court's decision, holding that collateral estoppel precludes Spitzer from challenging the original no-preclusion decision that it had intentionally failed...
Judge(s):
NORRIS, ROGERS, and BUSH (opinion of Court by ROGERS)
Tag(s):

Marshall v. Blake

Citation:
17-2809 (7th Circuit, Mar 22,2018) Published
Case Status:
Affirmed
Ruling:
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Judge(s):
Flaum, Bauer, and Manion
Tag(s):

Houston Sportsnet Finance, L.L.C. v. Houston Astros, L.L.C (In the Matter of Houston Regional Sports Network, L.P.)

Citation:
15-20497 (5th Circuit, Mar 29,2018) Published
Case Status:
Reversed and Remanded
Ruling:
For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
Judge(s):
Owen, Wiener, and Prado
Tag(s):

Gonzalez v. Owens Corning

Citation:
No. 16-2653 (3rd Circuit, Mar 19,2018) Published
Case Status:
Affirmed
Ruling:
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Judge(s):
CHAGARES, JORDAN, and HARDIMAN
Tag(s):

Anderson v. Credit One Bank, N.A.

Citation:
16 ‐ 2496 (2nd Circuit, Mar 07,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
Judge(s):
Pooler and Droney, Circuit Judges , and Ramos District Judge .
Tag(s):

Mandel v. Thrasher

Citation:
17-40059 (5th Circuit, Feb 15,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court fulfilled its obligations under the Fifth Circuit's remand. The bankruptcy court adequately explained how it arrived at the damages awarded against the debtor-appellant, and...
Judge(s):
LING, JONES, ELROD
Tag(s):

Amiri v. Ramos Oil CO., Inc.

Citation:
BAP No. NC-17-1061-TaBS (9th Circuit, Feb 13,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (ND Cal.) denying discharge of chapter 7 debtor under 11 USC 727 for knowing and fraudulent oath after debtor failed to disclose he was an...
Judge(s):
Taylor, Brand, Spraker
Tag(s):

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