In re David and Terry Stewart

Citation:
Nos. 19-6103 & 19-6104 (10th Circuit, Aug 14,2020) Published
Case Status:
Reversed and Remanded
Ruling:
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
Judge(s):
Hartz, Baldock, Eid
Tag(s):

Nelson Rivers v. Larry Galloway

Citation:
19-30910 (5th Circuit, May 08,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A statement made by an attorney in court is not sufficient for the court to impose sanctions for attorney misconduct unless the court finds, by clear and convincing evidence, that the statement was...
Judge(s):
JONES, ELROD, and HIGGINSON
Tag(s):

In re Chieftain Steel, LLC

Citation:
19-8005 (6th Circuit, Apr 08,2020) Not Published
Case Status:
Affirmed
Ruling:
The “carve-out” provision of a cash collateral order of the sort ordinarily meant to assure payment of professionals’ fees will be interpreted according to its plain terms, and will not be...
Judge(s):
Dales, Mashburn, and Price Smith
Tag(s):

Joseph Hill v. Raquel King

Citation:
No. 19-20492 (5th Circuit, Feb 26,2020) Published
Case Status:
Affirmed
Ruling:
Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...
Judge(s):
Before DENNIS, GRAVES and WILLETT, Circuit Judges.
Tag(s):

Puerto Rico, LLC v. Empresas Martinez Valentin Cor

Citation:
18-2103 (1st Circuit, Jan 28,2020) Published
Case Status:
Affirmed
Ruling:
For the foregoing reasons, we dismiss the appeal of the April 4 damages award, and we affirm the amount of attorneys' fees imposed.
Judge(s):
Torruella, Thompson, and Kanatta (author)
Tag(s):

Asphalt Professionals, Inc. v. Darin Davis (In re Darin Davis)

Citation:
BAP No. CC-19-1116-TaLS; Bk. No. 1:10-bk-17214-VK (9th Circuit, Nov 05,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's decision sustaining chapter 7 trustee's objection to two proofs of claim affirmed.
Judge(s):
Taylor, Lafferty, Spraker
Tag(s):

Zito v. Douglass Enterprises, LLC (In re Zito)

Citation:
AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published
Case Status:
Reversed
Ruling:
Creditor was not entitled to attorney's fees before prevailing in the state court litigation.
Judge(s):
Brand, Faris, Lafferty
Tag(s):

Gilman v. Tammy R. Phillips (In re Gilman)

Citation:
No. CC-18-1066-TaLS, 2019 WL 3074607 (9th Circuit, Jul 12,2019) Published
Case Status:
Affirmed
Ruling:
When a creditor voluntarily files a CCP § 685.080 motion with the bankruptcy court for an award of postpetition attorneys' fees, § 108(c) does not toll the two-year limitation in CCP § 685.080.
Judge(s):
Taylor, Lafferty, Spraker
Tag(s):

SE Property Holdings, LLC v. David Stewart (In re- Stewart)

Citation:
WO-18-068 (10th Circuit, Jun 04,2019) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion by imposing a $25,000 saction against an attorney for failure to disclose compensation received as required by 11 USC 329 and Fed. R. Bankr. P....
Judge(s):
Somers, Mosier, and Marker
Tag(s):

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