Marshak v. Hyundai Steel Co. (In re Prime Metals U.S.A., Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 weeks 8 hours ago

Citation:

No. 24-53 (9th Circuit, Dec 06,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a Chapter 7 Trustee's claims against a creditor that allegedly received two sets of prepetition fraudulent transfers from...

Judge(s):

OWENS, LEE, and KOH

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 7056
• 11 U.S.C. § 548(a)(1)(A)
• 11 U.S.C. § 548(a)(1)(B)

In re Vincent A. Piazza (Patricia Elliott v. Vincent A. Piazza, III)

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 1 month 3 days ago

Citation:

23-3061 (3rd Circuit, Dec 02,2024) Not Published

Case Status:

Affirmed

Ruling:

The Third Circuit affirmed the decision of the district court affirming the decision of the bankruptcy court below that the debt owed to a creditor based on a pre-petition written promise to repay...

Judge(s):

SHWARTZ, MATEY, and McKEE, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• 11 U.S.C. § 523(a)(2)(B)

Montoya v. Ferguson, et al.

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 month 4 days ago

Citation:

24-2028 (10th Circuit, Dec 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...

Judge(s):

TYMKOVICH, McHUGH, and MORITZ

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Commercial Fraud

Korean Claimants v. Dow Silicones Corp.

• Summarized by J. Debbeler , Bricker Graydon LLP
• 1 month 3 weeks ago

Citation:

23-193c; File No. 24a0447n.06 (6th Circuit, Nov 07,2024) Not Published

Case Status:

Affirmed

Ruling:

Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...

Judge(s):

Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Mass Torts
• 1129

Dondero v. Jernigan

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 months 2 days ago

Citation:

24-10287 (5th Circuit, Nov 05,2024) Published

Case Status:

Affirmed

Ruling:

The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...

Judge(s):

Wiener, Willett, and Duncan, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Practice and Procedure

Anna Juravin v. Florida Bankruptcy Trustee

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 month 4 weeks ago

Citation:

22-11356 (11th Circuit, Nov 05,2024) Published

Case Status:

Affirmed

Ruling:

When seizing assets pursuant to a court order, a bankruptcy trustee has judicial immunity so long as they act within the scope of their authority as court-appointed officers. In the case at hand,...

Judge(s):

ROSENBAUM, ABUDU, and TJOFLAT, Circuit Judges

Tag(s):

• 11th Circuit
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy

John M. McDonnell V. Eric S. Gilbert

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 2 months 2 weeks ago

Citation:

No. 23-2944 (3rd Circuit, Oct 24,2024) Published

Case Status:

Affirmed

Ruling:

In this precedential decision, the Third Circuit affirmed the decision of the district and bankruptcy courts below that pursuant to 11 U.S.C. 541(c)(2), a chapter 7 debtor's interests in retirement...

Judge(s):

JORDAN, McKEE, and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 USC 541
• 11 USC 522

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 months 3 weeks ago

Citation:

21-16663 (9th Circuit, Oct 17,2024) Published

Case Status:

Affirmed

Ruling:

A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...

Judge(s):

Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Real Estate
• Small Business
• Fed. R. Bankr. P. 7041

TICO Const. Co., Inc. v. Van Meter (In re Powell)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 months 1 week ago

Citation:

No. 22-60052 (9th Circuit, Oct 01,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in granting a debtor's motion to voluntarily dismiss his chapter 13 case under 11 U.S.C. § 1307(b) over a...

Judge(s):

Forrest and Sung (majority), and Collins (dissent)

Tag(s):

• 9th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• 11 U.S.C. § 101(13)
• 11 U.S.C. §§ 103(j)
• 11 U.S.C. § 109(e)
• 11 U.S.C. § 301(a)
• 11 U.S.C. § 1307(b)

Gruver V Firetech, the Fire Technology People, Inc.

• Summarized by Ryan Heilman , Heilman Law PLLC
• 3 months 6 days ago

Citation:

23-1769 (3rd Circuit, Sep 26,2024) Not Published

Case Status:

Affirmed

Ruling:

The Third Circuit affirmed the District Court. 1. The Bankruptcy Court had proper jurisdiction even though the plan had already been confirmed and the dispute was not a core proceeding. Because...

Judge(s):

KRAUSE, BIBAS, and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Venue/Jurisdiction
• 28 U.S.C. § 157

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