Kenneth Brown v. Christopher Barclay

Citation:
18-60029 (9th Circuit, Mar 23,2020) Published
Case Status:
Affirmed
Ruling:
Looking to federal criminal cases for guidance as to what constitutes possession or control, property fraudulently transferred during a Chapter 13 case can be recovered by a Chapter 7 trustee after...
Judge(s):
Mary M. Schroeder, Michelle T. Friedland,and Ryan D. Nelson
Tag(s):

Deborah Steiner v. Wilmington Savings Fund Society

Citation:
19-6027 (8th Circuit, Mar 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (WD Missouri-KC) dismissing couple's chapter 13 cases for serial, abusive filing. Couple had maintained possession of residence for over eight...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Jinil Steel Company, Limited v. Valuepart, Incorporated

Citation:
19-10461 (5th Circuit, Mar 20,2020) Not Published
Case Status:
Affirmed
Ruling:
Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...
Judge(s):
Clement, Higginson, Engelhardt
Tag(s):

Richard Lauter v. Wells Fargo Bank

Citation:
19-6013 (8th Circuit, Mar 19,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

In re Carlo Bondanelli

Citation:
BAP No. CC-19-1175-TaFS (9th Circuit, Mar 18,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) approving chapter 7 trustee's settlement of fraudulent transfer action against debtor's investment company over strenuous creditors'...
Judge(s):
Taylor, Faris, Spraker
Tag(s):

Misty Brady v. Maxus Healthcare Partners, et al

Citation:
19-10974 (5th Circuit, Mar 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
Judge(s):
HIGGINBOTHAM, HO, and ENGELHARDT
Tag(s):

In re Javier Jimenez

Citation:
BP Nos. CC-1901177-TaLG (9th Circuit, Mar 03,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (CD California) order dismissing chapter 13 case based on serial filer's bad faith attempts to hinder and delay secured creditor's foreclosure on...
Judge(s):
Taylor, Lafferty, Gan
Tag(s):

Joseph Hill v. Raquel King

Citation:
No. 19-20492 (5th Circuit, Feb 26,2020) Published
Case Status:
Affirmed
Ruling:
Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...
Judge(s):
Before DENNIS, GRAVES and WILLETT, Circuit Judges.
Tag(s):

In re Energy Future Holdings Corp.

Citation:
19-1430 (3rd Circuit, Mar 18,2020) Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
Tag(s):

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