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):

Rodney Tow v. Organo Gold Intl, Inc., et al

Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

Audrey Dick v. Colorado Housing Ent, L.L.C., et al

Citation:
18-10900 (5th Circuit, Jul 05,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
Judge(s):
Owen, Southwick, Higginson
Tag(s):

Hurley v. Accesslex Institute (In re Hurley)

Citation:
BAP No. WW-18-1259-BKuF (9th Circuit, Jun 26,2019) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Court did not err in finding that the debtor was unable to establish good faith under the Brunner test for the discharge of student debt because of the debtor's criminal conduct that...
Judge(s):
Brand, Kurtz and Faris
Tag(s):

Yerian v. Webber (In re: Verian)

Citation:
18-10944 (11th Circuit, Jun 26,2019) Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit affirmed the district court's order upholding the bankruptcy court's decision to deny a claim of exemption under section 222.21, Florida Statutes, by a chapter 7 debtor with...
Judge(s):
Marcus, Grant, and Hull, Circuit Judges
Tag(s):

UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)

Citation:
18=40443 (5th Circuit, Jun 14,2019) Published
Case Status:
Affirmed
Ruling:
Secured creditor group was not entitled, under the confirmed Plan of Reorganization (which it had accepted), to post-petition default interest (even though the group was fully secured and its debt...
Judge(s):
Stewart, Southwick and Engelhardt
Tag(s):

Pino v. Jensen (In re Jensen)

Citation:
No. CO-18-089, 2019 WL 2403105 (10th Circuit, Jun 07,2019) Not Published
Case Status:
Affirmed
Ruling:
Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and...
Judge(s):
Nugent, Cornish, Hall
Tag(s):

The Bascom Group, LLC v. Douglas Patrick (In re Commercial Services Building, Inc.)

Citation:
CC-18-1279-STaL CC-18-1280-STaL CC-18-1281-STaL (related appeals); Bk. No.: 8:09-bk-20845-ES (9th Circuit, Jun 05,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's orders sustaining claim objection, denying creditor's reconsideration motion, and granting motion in limine affirmed.
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

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