In re Ritchie Special Credit Investments, Ltd.;

Citation:
21-2707 (8th Circuit, Sep 13,2022) Published
Case Status:
Affirmed
Ruling:
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
Judge(s):
GRASZ, STRAS, and KOBES
Tag(s):

In re: Chandra Berry

Citation:
21-8005/8007 (6th Circuit, Sep 09,2022) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 6th Circuit affirmed the bankruptcy court (W.D. Tenn.) which granted in part and denied in part the Debtor’s motion for contempt. The BAP ruled that the bankruptcy court did not...
Judge(s):
BAUKNIGHT, GUSTAFSON, and MASHBURN
Tag(s):

In re Maxus Energy Corporation

Citation:
21-2496 (3rd Circuit, Sep 09,2022) Published
Case Status:
Affirmed
Ruling:
Attorney moved from a law firm representing one party in a bankruptcy dispute to the firm representing the opposing party. The ABA's Model Rules of Professional Conduct impute the attorney's...
Judge(s):
Greenaway, Jr; Porter; and Phipps. Circuit Judges
Tag(s):

IN RE: JOSEPH C SHEEHAN

Citation:
21-2946 & 21-2954 (7th Circuit, Sep 07,2021) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
Judge(s):
RIPPLE, ROVNER, and KIRSCH
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):

In Re: NATHAN AARON FORREST, MARSHA WEIDMAN FORREST

Citation:
21-12133 (11th Circuit, Aug 31,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...
Judge(s):
Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa
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):

In re: Kathy Ellen Richards -

Citation:
22-8002 (6th Circuit, Aug 25,2022) Published
Case Status:
Affirmed
Ruling:
Acknowledging that exemptions are to be liberally construed on behalf of debtors, the Sixth Circuit BAP affirmed the bankruptcy court decision disallowing the debtor's claimed homestead exemption...
Judge(s):
Bauknight, Dales and Gustafson; Opinion by Gustafson
Tag(s):

Mattlage-Thurmond v. First National Bank of McGregor

Citation:
22-50032 (5th Circuit, Aug 18,2022) Not Published
Case Status:
Affirmed
Ruling:
A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
Judge(s):
Stewart, Elrod, and Graves
Tag(s):

In re: INTERWORKS UNLIMITED INC.,

Citation:
CC-22-1027-STL (9th Circuit, Aug 19,2022) Not Published
Case Status:
Affirmed
Ruling:
A series of errors by the trustee's attorney led the BAP to hold that the relation back doctrine found in Fed. R. Civ. P. 15(c) did not save the trustee's adversary proceeding. The original...
Judge(s):
SPRAKER, TAYLOR, and LAFFERTY, Bankruptcy Judges
Tag(s):

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