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Alan Halperin v. Mark Richards

Summarizing by Amir Shachmurove

In re Algozine Masonry Restoration, Inc.

Citation:
20-3384 (7th Circuit, Jul 26,2021) Published
Case Status:
Affirmed
Ruling:
The priority cap for employee benefit plan claims in 11 U.S.C. § 507(a)(5) is determined on a plan-by-plan basis, even if the same union is the sponsor for two or more plans. Section 507(a)(5)'s...
Judge(s):
WOOD, ST. EVE, and KIRSCH
Tag(s):

Jerry Marsh v. Madison Resource Funding Group

Citation:
20-6018 (8th Circuit, Jul 21,2021) Published
Case Status:
Affirmed
Ruling:
Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Tag(s):

In re Adam R. Schiller

Citation:
21-6001 (8th Circuit, Jul 15,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Tag(s):

Jeanette Wellers v. Peters

Citation:
BAP No. 20-040 (10th Circuit, Jul 13,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) order approving settlement between Chapter 7 trustee and creditor regarding allocation of proceeds following sale of Chapter 7 debtor's home....
Judge(s):
Cornish, Michael, Hall
Tag(s):

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

Citation:
20-8048 (10th Circuit, Jul 09,2021) Not Published
Case Status:
Affirmed
Ruling:
In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...
Judge(s):
MATHESON, BACHARACH, and CARSON
Tag(s):

In re Anibal Mesala Silva

Citation:
BAP No. CC-20-1237-GTL (9th Circuit, Jul 06,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...
Judge(s):
Gan, Taylor, Lafferty
Tag(s):

In re Ruby Jeane Sawyers

Citation:
No. 20-1130 (8th Circuit, Jul 02,2021) Published
Case Status:
Affirmed
Ruling:
8th Circuit affirmed ruling of BAP that affirmed bankruptcy court (ED Mo.) order avoiding creditor's judicial lien as impairing debtor's homestead exemption. Debtor's home was destroyed in fire...
Judge(s):
Loken, Grasz, Kobes
Tag(s):

In re Sean and Shannon Nevett

Citation:
20-1154 (9th Circuit, Jul 01,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit found no error in the decision of the Bankruptcy Court for the Southern District of California (BC) to deny a discharge to Sean P. Nevett (SPN)...
Judge(s):
Gary A. Spraker; Scott H. Gan; and Julia W. Brand
Tag(s):

In re Nathaneil Basola Sobayo

Citation:
BAP No. NC-20-1151-BSG (9th Circuit, Jun 09,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) dismissed debtor's adversary complaint against foreclosing creditors and their attorney for willful violation of automatic stay. Real property...
Judge(s):
Brand, Spraker, Gan
Tag(s):

Frank McIntyre v. Active Energies Solar LLC

Citation:
20-1211 (10th Circuit, Jun 10,2021) Not Published
Case Status:
Dismissed
Ruling:
In line with the decision of its Bankruptcy Appellate Panel (BAP), which had dismissed the appeal of Frank McIntyre (DR), due to a lack of jurisdiction, the U.S. Court of Appeals for the Tenth...
Judge(s):
Harris L. Hartz; Mary B. Briscoe; and Robert E. Bacharach
Tag(s):

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