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Bennett v Garner

Summarizing by Shane Ramsey

IN RE: LE

Citation:
BAP No. AZ-17-1308-BaFS (9th Circuit, Oct 22,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Az.) in favor of plaintiff creditor on 11 USC 523(a)(6) claim. Defendant's conduct was tortious under Arizona state law and willful and...
Judge(s):
Bason, Faris, Spraker
Tag(s):

McCleskey v. CWG Plastering, LLC

Citation:
No. 17-1980 (7th Circuit, Jul 31,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The district court’s ruling on Defendant’s Motion for Summary Judgment was reversed and remanded due to the Seventh Circuit finding that Plaintiff proffered considerable evidence that a trier...
Judge(s):
Easterbrook, Hamilton, and Wood
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Dering Pierson Group, LLC v. Kantos

Citation:
No. 17-6014 (8th Circuit, Jan 09,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Minn - St. Paul) entering judgment on 523(a)(6) claim in favor of debtor. BAP found no error in bankruptcy court ruling that creditor failed...
Judge(s):
Nail, Schermer, Dow
Tag(s):

IN RE: EUTSLER

Citation:
2:15-bk-00870 (9th Circuit, Dec 27,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (ED Wash.) denying motion for relief from stay by creditors seeking to enforce option agreement to purchase stock from ch. 13 debtor. Option...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

GUZMAN v. NOREEN WISCOVITCH RENTAS, CH 7 TRUSTEE

Citation:
BAP No. PR 16-045, Bankruptcy Case No. 13-04232-BKT GUZMAN v. NOREEN WISCOVITCH RENTAS, CH 7 TRUSTEE (1st Circuit, May 17,2017) Published
Case Status:
Affirmed
Ruling:
Auberto Nieves Guzmán and Annette Nazario Rodríguez Debtors appeal from the order denying their motion for reconsideration of the order sustaining the chap objection to certain claimed...
Judge(s):
BAP: Feeney, Finkle and Fagone. USBC-Puerto Rico: Tester
Tag(s):

Gavin v. Tousignant (In re Ultimate Escapes Holdings LLC, et al)

Citation:
16-1679 (3rd Circuit, Mar 17,2017) Not Published
Case Status:
Affirmed
Ruling:
Third Circuit affirmed district court's adoption of bankruptcy court's recommendation to enter judgment in favor of two inside directors where trustee failed to prove they breached their fiduciary...
Judge(s):
Ambro (author), Vanaskie and Scirica
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

Chu v. State of Texas (In the Matter of Chu)

Citation:
No. 15-11001 (5th Circuit, Feb 09,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (N.D Tex.), which affirmed bankruptcy court's entry of summary judgment in favor of creditor on objection to chapter 7 debtor's discharge. State of...
Judge(s):
Jolly, Higginbotham, Graves
Tag(s):

Collins v. J&N Restaurant Assoc., Inc.

Citation:
16-1362 (2nd Circuit, Jan 19,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
Judge(s):
Chin, Raggi, Lohier
Tag(s):

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