Home » Affirmed in part and Reversed in part

Ocwen Loan Servicing v. Marino (In re Marino)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 days 20 hours ago
Citation:
Nos. 18-60005, 18-60006, 18-60040, 18-60041 (9th Circuit, Feb 10,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
Judge(s):
Wallace, Murguia, Lasnik
Tag(s):

In re: FirstEnergy Solutions Corp

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 2 months 4 days ago
Citation:
Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
Judge(s):
Batchelder, Griffin and Donald
Tag(s):

Jenny Smith v. Haynes & Haynes P.C.

Citation:
17-14150 (11th Circuit, Oct 15,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Applying its ruling in Slater II, the Eleventh Circuit reversed in part the district court's grant of summary judgment in favor of defendants based on judicial estoppel arising from plaintiff's...
Judge(s):
Tjoflat and Newsom, Circuit Judges, and Antoon, District Judge
Tag(s):

In re - Stuart Scott Snyder

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 5 months 1 week ago
Citation:
18‐1578‐bk (2nd Circuit, Sep 12,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A default judgment issued as a sanction has preclusive effect for purposes of determining dischargeability of a debt, but where a single judgment involves two underlying debts, the court must...
Judge(s):
POOLER, CHIN, Circuit Judges, and VITALIANO, District Judge
Tag(s):

Frank Jakubaitis v. Padilla, Golden and Marshcack (In re Jakubaitis)

Citation:
BAP No. CC-18-1067-SFL (9th Circuit, Jul 22,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The pyschotherapist-patient privilege is limited to communications between a witness and his or her psychotherapist. A witness who claims to be unable to give accurate testimony because he or she...
Judge(s):
SPRAKER, FARIS, and LAFFERTY
Tag(s):

Nabors Offshore Corporation v. Whistler Energy II, LLC

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 6 months 3 weeks ago
Citation:
18-30940 (5th Circuit, Jul 26,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Judge(s):
Higginson, Owen, Southwick
Tag(s):

Life Partners Creditors' Trust, et al v. James Sun

  • Summarized by J Newman , Newman & Newman
  • 8 months 2 weeks ago
Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Judge(s):
ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
Tag(s):

Thomas McBride, et al v. Sharon Riley, et al (In re Sharon Boyd Riley)

Citation:
18-30535 (5th Circuit, May 13,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The bankruptcy court's interpretation of its own standing order regarding "no-look" compensation to Chapter 13 debtors' attorneys was reasonable. The standing order's deletion of a provision...
Judge(s):
REAVLEY, ELROD and WILLETT
Tag(s):

Carey Ebert v. Michael Gustin

  • Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
  • 9 months 2 weeks ago
Citation:
18-10382 (5th Circuit, Apr 30,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Chapter 11 Trustee lacked Article III standing to pursue a claim where the Debtor actually benefited from the alleged fraud/negligence and the Debtor did not suffer an injury.
Judge(s):
Barksdale, Southwick and Haynes
Tag(s):

Limor v. Anderson (In re Scarbrough)

  • Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
  • 10 months 3 weeks ago
Citation:
18-8028, 2019 WL 1418698 (6th Circuit, Mar 28,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Summary Judgment incorrectly entered in action to avoid constructively fraudulent transfer where there were issues of material fact as to whether Debtor was insolvent as of date of the transfer.
Judge(s):
Buchanan, Dales and Opperman
Tag(s):

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