Home » Affirmed in part and Reversed in part

Peaje Investments LLC v. The Financial Oversight and Mgmt Board for Puerto Rico

Citation:
17-2165, 17-2166, 17-2167 (1st Circuit, Aug 08,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A declaration by a governmental instrumentality (i.e., not the legislature) of the existence of a lien is insufficient to create a statutory lien unless the instrumentality's declaration is...
Judge(s):
Howard, Kayatte, and Torreson (D. Maine, sitting by designation)
Tag(s):

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 6 years 5 months ago
Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

IN RE WESTWOOD PLAZA NORTH

Citation:
No. 17-55655 (9th Circuit, May 01,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Once the Court finds that an appeal is frivolous, the prevailing party must file a motion for sanctions under Fed. R. App. P. 38 and 28 U.S.C. § 1927 within the time limits for filing a request...
Judge(s):
Kim McLane Wardlaw, Ronald M. Gould, and Paul J. Watford
Tag(s):

In re Hamilton

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 8 months ago
Citation:
BAP No. SC-17-1126-FBL & SC-17-1223-FBL (9th Circuit, Apr 17,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Circuit affirmed summary judgment on 523(a)(6) claim entered by bankruptcy court (S.D. Cal.). Bankruptcy court properly applied standard for willful injury; Ninth Circuit case did not...
Judge(s):
Faris, Brand, Lafferty
Tag(s):

Phillips v. Gilman

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 6 years 8 months ago
Citation:
16-55436 (9th Circuit, Apr 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court had jurisdiction over the district court’s order affirming the grant of a homestead exemption. The bankruptcy court erred because it did not determine whether the debtor intended to...
Judge(s):
Michael Daly Hawkins, Barrington D. Parker, Jr., and Sandra S. Ikuta
Tag(s):

Sprague v. Williams (In re van Winkle)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 9 months ago
Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Romeo v. Maney

Citation:
AZ-17-1215-BLKu (9th Circuit, Mar 23,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A bankruptcy court may authorize a Chapter 13 trustee to have access to a debtor's federal, but state, post-petition income tax returns so that the trustee can satisfy his or her statutory duties,...
Judge(s):
BRAND, LAFFERTY and KURTZ, Bankruptcy Judges
Tag(s):

Diamond v. Hogan Lovells US LLP

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 6 years 10 months ago
Citation:
15-16326, 15-16327, 15-16328, 15-16329, 15-16330, 15-16331, 15-16332, a5-16333 (9th Circuit, Feb 27,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Issues raised by the bankruptcy trustee's litigation can be resolved only by application of unresolved District of Columbia laws. As a result, the following questions are certified to the District...
Judge(s):
GOULD, MURGUIA, FREUDENTHAL (D. Wyo., sitting by designation)
Tag(s):

IN RE: JFK CAPITAL HOLDINGS, L.L.C

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 11 months ago
Citation:
16-31151 (5th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Judge(s):
Reavley, Southwick and Haynes
Tag(s):

IN RE; PEEPLES

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 6 years 11 months ago
Citation:
17-4046 (10th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sua sponte, the court found that Mrs. Lee, who was not a party to the underlying state court action, did not have Article III standing to bring suit and vacated judgment as to Mrs. Lee with...
Judge(s):
Lucero, Bacharach, and Mortiz
Tag(s):

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