Home » Affirmed in part and Reversed in part

In re Sisk, Candalla and Mercado

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 1 week 4 days ago
Citation:
18-17445; 18-17446; 18-17447; 18-17448 (9th Circuit, Jun 22,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When there is no objection, a chapter 13 plan need not include a fixed duration, because chapter 13 does not expressly prohibit plans with estimated lengths.
Judge(s):
Wardlaw, Smith, Bumatay
Tag(s):

Blixseth v. Credit Suisse

  • Summarized by ,
  • 2 weeks 6 days ago
Citation:
16-35304 (9th Circuit, Jun 11,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the confirmation of a Chapter 11 Plan that included a limited non-consensual third party release of certain creditors for potential claims arising out of conduct in the...
Judge(s):
Richard A. Paez, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.
Tag(s):

In re S.S. Body Armor Inc.

  • Summarized by Thomas Horan , Fox Rothschild LLP
  • 4 weeks 1 day ago
Citation:
Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
Judge(s):
Circuit Judges Restrepo, Roth, and Fisher
Tag(s):

In re Artem Koshkalda

  • Summarized by Lars Fuller , BakerHostetler
  • 1 month 1 week ago
Citation:
BAP Nos. NC-19-1235-BTaF & NC-19-1255-BTaF (9th Circuit, May 26,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) granting creditors' motion for summary judgment but reversed and remanded bankruptcy court's order denying creditors' motion for...
Judge(s):
Brand, Taylor, Faris
Tag(s):

In re Sergio and Esmeralda Miranda

  • Summarized by Lars Fuller , BakerHostetler
  • 1 month 3 weeks ago
Citation:
BAP No. CC-19-1206=LGS (9th Circuit, May 07,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditors following debtors' claims alleging breach of confirmed chapter 11...
Judge(s):
Lafferty, Gan, Spraker
Tag(s):

Nelson Rivers v. Larry Galloway

Citation:
19-30910 (5th Circuit, May 08,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A statement made by an attorney in court is not sufficient for the court to impose sanctions for attorney misconduct unless the court finds, by clear and convincing evidence, that the statement was...
Judge(s):
JONES, ELROD, and HIGGINSON
Tag(s):

In re Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The 11th Circuit reversed summary judgment in favor of DISH as to the FCCPA claims because the district court failed to determine whether DISH possessed actual knowledge that its debt had been...
Judge(s):
Jill Pryor and Grant, Circuit Judges, and Royal, District Judge
Tag(s):

Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Circuit Court found that the District Court erred in finding the Pause debt was not discharged in the plaintiff's bankruptcy. The Agreement was deemed rejected as a matter of law under the...
Judge(s):
Jill Pryor, Grant and Royal (sitting by designation)
Tag(s):

In re Paul Orlandi

  • Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
  • 4 months 4 days ago
Citation:
19-8001 (6th Circuit, Feb 28,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed in part and reversed in part the bankruptcy court (N.D. Ohio)'s discharge violation finding. Failure to require a contempt proceeding...
Judge(s):
Dales, Harrison (author), and Opperman
Tag(s):

Ocwen Loan Servicing v. Marino (In re Marino)

  • Summarized by Lars Fuller , BakerHostetler
  • 4 months 3 weeks 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):

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