Home » Affirmed in part and Reversed in part

In re Sergio and Esmeralda Miranda

  • Summarized by Lars Fuller , BakerHostetler
  • 2 years 10 months 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

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 2 years 10 months ago
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
  • 3 years 4 weeks 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
  • 3 years 1 month 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
  • 3 years 3 months 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 , Heilman Law PLLC
  • 3 years 6 months 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):

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