Home » Affirmed in part and Reversed in part

In re Moon

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 4 years 1 day ago
Citation:
NV-20-1144-BTaF, NV-20-1155-BTaF (9th Circuit, Jan 07,2021) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed in part and reversed in part the award of attorneys' fees and costs to debtors for the violation of the automatic stay by a creditor. The BAP...
Judge(s):
Brand, Taylor, Faris
Tag(s):

Flat Stone Development Co., et al v. Jay Cohen pub

Citation:
19-20152 (5th Circuit, Dec 15,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A state court that granted summary judgment improperly excluded evidence that would be sufficient to change the outcome of the summary judgment motion. The state court's evidentiary rulings are...
Judge(s):
Graves, Costa, and Engelhardt
Tag(s):

In re Clifford Allen Brace Jr.

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 4 years 2 months ago
Citation:
17-60032 (9th Cir.) (9th Circuit, Nov 09,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the bankruptcy court's finding that one real property held by the debtor and his non-debtor spouse was community property based on the California community property...
Judge(s):
Callahan, Nguyen, Ezra
Tag(s):

Thomas Scott Tufts v. Edward C. Hay

  • Summarized by Sarah Tomlinson , Summers Compton Wells
  • 4 years 2 months ago
Citation:
United States Court of Appeals for the Eleventh Circuit Nos. 19-11496 & 19-11603 (11th Circuit, Oct 20,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals for the Eleventh Circuit (COA) affirmed the U.S. District Court’s decision to deny the motion to dismiss for lack of personal jurisdiction. However, the COA reversed the...
Judge(s):
The Hons. Martin, Rosenbaum, and Tallman
Tag(s):

In re Farwest Pump Company

Citation:
BAP No. AZ-19-1274-LBT (9th Circuit, Sep 18,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
Judge(s):
LAFFERTY, BRAND, and TAYLOR, Bankruptcy Judges
Tag(s):

In re Gardens Regional Hospital and Medical Center, Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 3 months ago
Citation:
No. 18-60016 (9th Circuit, Sep 16,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...
Judge(s):
Wardlaw, Collins, Bataillon
Tag(s):

In re Racing Services

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 3 months ago
Citation:
No. 20-6002 (8th Circuit, Sep 16,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 8th Cir. affirmed in part and reversed in part ruling of bankruptcy court (D. ND - Fargo) disallowing claim due to lack of standing, untimeliness, and laches. Notwithstanding long period...
Judge(s):
Nail, Shodeen, Dow
Tag(s):

In re Medina

Citation:
BAP No. SC-19-1299-FSG (9th Circuit, Aug 14,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Judge(s):
FARIS, SPRAKER, and GAN, Bankruptcy Judges
Tag(s):

SE Property Holdings, L.L.C. v. Jeffrey Green, et al

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 5 months ago
Citation:
No. 19-30325 (5th Circuit, Aug 03,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...
Judge(s):
Dennis, Graves, Willett
Tag(s):

In re Sisk, Candalla and Mercado

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 4 years 6 months 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):

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