Tomkow v. Barton (In re Tomkow)

Citation:
BAP No. CC-16-1075-TaFMc (9th Circuit, Jan 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (CD Cal.) ruling granting summary judgment in favor of creditor determining that state court judgment was nondischargeable pursuant to...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

Rosado v. Banco Popular De Puerto Rico, BAP No. PR 16-016, BK Casae No. 11-02825-BKT

Citation:
BAP No. PR 16-016, BK Casae No. 11-02825-BKT (1st Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:

 By asserting their claim under § 524(a)(2), the Debtors undertook the burden of demonstrating clearly and convincingly that Banco Popular: (1) had notice of their discharge; (2) intended...

Judge(s):
Feeney, Cary and Fagone
Tag(s):

U.S. Department of Labor v. Harris (In re Harris)

Citation:
16-6024 (8th Circuit, Jan 06,2017) Not Published
Case Status:
Affirmed
Ruling:

Concluding that the facts relevant to the inquiry were undisputed, the BAP affirmed the bankruptcy court's decision declaring the Department of Labor's judgment against the debtor for...

Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Spradlin v. Beads and Steeds Inns, LLC

Citation:
16-5499 (6th Circuit, Jan 03,2017) Not Published
Case Status:
Affirmed
Ruling:

Finding no basis for reverse veil-piercing or substantive consolidation with a non-debtor entity, the Sixth Circuit BAP affirmed the decision of the Bankruptcy Court for the Eastern District of...

Judge(s):
Guy, Boggs and Griffin; Opinion by Griffin
Tag(s):

Spradlin v. Khouri, et al.

Citation:
15-8031 (6th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:
When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...
Judge(s):
Delk, Humphrey, Opperman (Humphrey)
Tag(s):

Lynch v. Jackson

Citation:
United States Court of Appeals for the Fourth Circuit: No. 16-1358 (4th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:

Debtors [Individuals filing under Chapter 7 for relief with respect to the "Means Testing" pursuant to 11 U.S.C. 707(b) ] are entitled to the full National and Local Standard amount for a...

Judge(s):
Before Circuit Judges Motz, Keenan, and Thacker.
Tag(s):

Smith v. Capital One Bank (USA), N.A.

Citation:
16-1422 & 16-1423 (7th Circuit, Dec 22,2016) Published
Case Status:
Affirmed
Ruling:

The co-debtor stay shields a non-debtor only if the debtor is liable on a consumer debt along with the non-debtor and a consumer debt does not include a debt for which the debtor is not...

Judge(s):
Flaum, Kane, Magnus-Stinson (Flaum)
Tag(s):

Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.

Citation:
14-51079 (5th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

This is a follow up opinion in response to the Appellees request for a rehearing. It reiterates the prior holding and also rules that estoppel and waiver do not apply here.

Judge(s):
REAVELEY, PRADO and COSTA
Tag(s):

Netsch v. Sherman (In the Matter of Prism Graphics, Inc.)

Citation:
No. 16-10432 (5th Circuit, Dec 22,2016) Not Published
Case Status:
Affirmed
Ruling:

Held that the district court did not abuse its discretion in affirming the bankruptcy court’s denial of the motion to extend time. 

Judge(s):
HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges for the 5th Circuit
Tag(s):

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