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In re: Philip Charles DeVries,

Summarizing by Amir Shachmurove

In re Michael Maloney

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1130-LST (9th Circuit, Nov 06,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full in that property held by an LLC under Minnesota law is not property of an individual debtor. Therefore, the automatic stay does not extend to...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Anselmo and Alma Cabral

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1061-LST (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Hsin-Shawn Cyndi Sheng

Citation:
BAP No. EC-19-1317-TLS (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's decision to award an administrative expense claim to the tenant of the individual chapter 7 debtor after the trustee had...
Judge(s):
TAYLOR, LAFFERTY, and SPRAKER
Tag(s):

In re Leucadia Group, LLC

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. SC-20-1066-GFB (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
Full Faith and Credit Act requires bankruptcy courts to give the same preclusive effect to a state court judgment. Under Georgia law, a voluntary dismissal with prejudice operates as an...
Judge(s):
Honorable Gan, Faris, and Brand, Bankruptcy Judges
Tag(s):

In re Tammy Ogletree

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. NC-20-1087-FBG (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full. The BAP discussed that bankruptcy court did not error in determining the present value available for distribution or the amount available under a...
Judge(s):
The Hons. Faris, Brand, and Gan
Tag(s):

Wells Fargo Bank N.A. v. Mahogany Meadows Avenue Trust

Citation:
18-17320 (9th Circuit, Nov 05,2020) Published
Case Status:
Affirmed
Ruling:
Wells Fargo (WF), the panel held, did not suffer an uncompensated taking under the Constitution’s Takings Clause (TC). Below, WF had attacked a foreclosure sale by a homeowners’ association...
Judge(s):
Mary H. Murguia; Eric D. Miller; and George Caram Steeh III
Tag(s):

LaTasha Tennial v. REI Nation

Citation:
No. 20-5358 (6th Circuit, Oct 28,2020) Published
Case Status:
Affirmed
Ruling:
Having previously treated Bankruptcy Rule 8002(a)(1)'s appellate deadline as jurisdictional, the Sixth Circuit here held it to be mandatory. The panel pointed to Supreme Court cases limning the...
Judge(s):
Jeffrey S. Sutton; Deborah L. Cook; and Helene N. White
Tag(s):

In re Leonard Mosher

Citation:
19-8073 (10th Circuit, Oct 27,2020) Not Published
Case Status:
Affirmed
Ruling:
Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
Judge(s):
Lucero, Holmes, Eid
Tag(s):

Lloyd Ward v. Robert Yaquinto, et al

Citation:
18-10469 (5th Circuit, Oct 23,2020) Published
Case Status:
Affirmed
Ruling:
(1)-Bankruptcy Court had the equitable power under Section 105 (a) to correct any error it may have made in changing the date for the first creditors' meeting after the case was transferred from...
Judge(s):
Owen, Clement and Ho
Tag(s):

Christopher Marino v. Ocwen Loan Servicing

Citation:
9th Cir. Case No. 19-15530 (9th Circuit, Oct 20,2020) Published
Case Status:
Affirmed
Ruling:
Ninth Circuit affirmed District Court (D. Nev.) grant of summary judgment in favor of defendant. The COA held that a violation under the Fair Credit Report Act (FCRA), 15 U.S.C. Sec. 1681(a)(3)(A)...
Judge(s):
Richard A. Paez, Carlos T. Bea, Lynn S. Adelman (District Judge sitting by appointment)
Tag(s):

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