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The Security National Bank of Sioux City, IA v. Vera T. Welte Testamentary Trust

Summarizing by Amir Shachmurove

In re: JOSE HUMBERTO AGUILAR GALVAN

Citation:
BAP No. CC-22-1106-LCF (9th Circuit, Jan 30,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....
Judge(s):
LAFFERTY, CORBIT, and FARIS
Tag(s):

In re: STEPHEN WILLIAM SLOAN

Citation:
BAP No. EC-22-1119-BSG; Bk. No. 20-10809 (9th Circuit, Dec 15,2022) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err overruling Debtor's objection to claim because the Debtor was bound by an earlier agreement with Secured Creditor for the amount of post-petition interest and late...
Judge(s):
BRAND, SPAKER, and GAN
Tag(s):

Azby Fund v. Wadsworth Estates

Citation:
No. 22-30092 (5th Circuit, Dec 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...
Judge(s):
Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt
Tag(s):

In re: COEPTIS EQUITY FUND LLC

Citation:
BAP NOS. NC-22-1135-GBS; NC22-1136-GBS; NC22-1138GBS; Bk. No. 21-30726 (9th Circuit, Dec 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The court acted within its discretion to remove the debtor as debtor in possession of its chapter 11 Subchapter V case for cause and allow the trustee to convert the case to one under chapter 7...
Judge(s):
GAN, BRAND, and SPRAKER
Tag(s):

In the Matter of: Jon Amberson

Citation:
21-50960 (5th Circuit, Nov 18,2022) Published
Case Status:
Affirmed
Ruling:
While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...
Judge(s):
Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham
Tag(s):

In re: MONTE L. MASINGALE (Deceased) and ROSANA D. MASINGALE

Citation:
EW-22-1016-FLB (9th Circuit, Nov 02,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
Tag(s):

In re TRIANGLE CAYMAN ASSET COMPANY

Citation:
19-1251, 19-1786, 20-1284 (1st Circuit, Oct 24,2022) Published
Case Status:
Affirmed
Ruling:
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
Tag(s):

In re: CATHERINE TRINH

Citation:
BAP No. CC-21-1255-TLS (9th Circuit, Sep 22,2022) Not Published
Case Status:
Dismissed
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
Judge(s):
TAYLOR, LAFFERTY, and SPRAKER
Tag(s):

IN RE: JOSEPH C. SHEEHAN

Citation:
21-2946 & 21-2954 (7th Circuit, Sep 07,2022) Published
Case Status:
Affirmed
Ruling:
Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...
Judge(s):
Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II
Tag(s):

Morash v. Valley Ridge Roofing and Construction, L.L.C. (In re Silver State Holdings, Assignee 7901 Boulevard 26, L.L.C.)

Citation:
21-10212 (5th Circuit, Aug 30,2022) Not Published
Case Status:
Affirmed
Ruling:
In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
Judge(s):
Costa, Haynes, Jones
Tag(s):

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