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Lil' Joe Records, Inc. v. Christopher Won, Jr., et al

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Martinez v. Sears (In re Sears)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 2 months ago
Citation:
BAP No. CO-16-025 (10th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
A prima facie case under § 727(a)(3) requires a showing that debtor failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition...
Judge(s):
Cornish, Michael, Hall (Michael)
Tag(s):

Hujazi v. Schoenmann (In re the Zuercher Trust of 1999)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 2 months ago
Citation:
NC-15-1174-KuBS (9th Circuit, Mar 22,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order approving the sale of two apartment buildings and finding that purchaser was a good faith purchaser within the meaning of § 363(m) affirmed.
Judge(s):
Kurtz, Brand, Spraker
Tag(s):

Maxwell Real Estate Investment, LLC v. Liberty Asset Management Corp. (In re Asset Management Corp.)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
Citation:
CC-16-1273-FCTa (9th Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court denying motion for relief from stay because movants did not need relief from stay to prosecute claim in bankruptcy court. While creditor...
Judge(s):
Faris, Clement, Taylor
Tag(s):

Cosmetic Plus Group Ltd. v. Gowan (In re Dreier LLP)

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 9 years 2 months ago
Citation:
16-2827 (2d Circuit, Mar 21, 2017) (2nd Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that a claim against a law firm for settlement proceeds received by the law firm on behalf of the client was a general unsecured claim where the law firm dissipated the...
Judge(s):
Dennis Jacobs, Robert D. Sack, and Paul A. Engelmayer (District Judge)
Tag(s):

U.S.A. v. Lagos

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 2 months ago
Citation:
16-20146 (5th Circuit, Mar 17,2017) Not Published
Case Status:
Affirmed
Ruling:
Mandatory Victims Restitution Act (“MVRA”) allows victim lender to recover, as restitution, legal fees incurred during the borrower's bankruptcy filing , as well as the expert and forensic...
Judge(s):
PRADO and HIGGINSON, This opinion is being entered by a quorum of this court pursuant to 28 U.S.C. § 46(d)
Tag(s):

Gavin v. Tousignant (In re Ultimate Escapes Holdings LLC, et al)

Citation:
16-1679 (3rd Circuit, Mar 17,2017) Not Published
Case Status:
Affirmed
Ruling:
Third Circuit affirmed district court's adoption of bankruptcy court's recommendation to enter judgment in favor of two inside directors where trustee failed to prove they breached their fiduciary...
Judge(s):
Ambro (author), Vanaskie and Scirica
Tag(s):

Brown v. Ellmann (In re Brown)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 2 months ago
Citation:
16-1967 (6th Circuit, Mar 20,2017) Published
Case Status:
Affirmed
Ruling:
Section 522 will not support an exemption on the basis of state-law redemption rights in a piece of property if the proceeds from the sale of that property are insufficient to satisfy the prior...
Judge(s):
Merritt, Kethledge, White (Merritt)
Tag(s):

Chou v. Brody

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 2 months ago
Citation:
NC-15-1315-SKuB (9th Circuit, Mar 15,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's decision that creditor failed to prove claims under § 523(a)(2) and (a)(6) to except from discharge a prepetition judgment against debtor for unpaid real estate commissions...
Judge(s):
Spraker, Kurtz, Brand
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 2 months ago
Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

Tower Credit, Inc. v. Schott (In the Matter of Jackson)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 2 months ago
Citation:
No. 16-30274 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
Judge(s):
Davis, Dennis and Southwick. Opinion by Dennis
Tag(s):

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