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Home » Affirmed

Dondero v. Jernigan

Citation:
24-10287 (5th Circuit, Nov 05,2024) Published
Case Status:
Affirmed
Ruling:
The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...
Judge(s):
Wiener, Willett, and Duncan, Circuit Judges
Tag(s):

Anna Juravin v. Florida Bankruptcy Trustee

Citation:
22-11356 (11th Circuit, Nov 05,2024) Published
Case Status:
Affirmed
Ruling:
When seizing assets pursuant to a court order, a bankruptcy trustee has judicial immunity so long as they act within the scope of their authority as court-appointed officers. In the case at hand,...
Judge(s):
ROSENBAUM, ABUDU, and TJOFLAT, Circuit Judges
Tag(s):

John M. McDonnell V. Eric S. Gilbert

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 1 year 4 months ago
Citation:
No. 23-2944 (3rd Circuit, Oct 24,2024) Published
Case Status:
Affirmed
Ruling:
In this precedential decision, the Third Circuit affirmed the decision of the district and bankruptcy courts below that pursuant to 11 U.S.C. 541(c)(2), a chapter 7 debtor's interests in retirement...
Judge(s):
JORDAN, McKEE, and AMBRO, Circuit Judges
Tag(s):

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

Citation:
21-16663 (9th Circuit, Oct 17,2024) Published
Case Status:
Affirmed
Ruling:
A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...
Judge(s):
Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung
Tag(s):

TICO Const. Co., Inc. v. Van Meter (In re Powell)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 5 months ago
Citation:
No. 22-60052 (9th Circuit, Oct 01,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in granting a debtor's motion to voluntarily dismiss his chapter 13 case under 11 U.S.C. § 1307(b) over a...
Judge(s):
Forrest and Sung (majority), and Collins (dissent)
Tag(s):

Gruver V Firetech, the Fire Technology People, Inc.

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 1 year 5 months ago
Citation:
23-1769 (3rd Circuit, Sep 26,2024) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the District Court. 1. The Bankruptcy Court had proper jurisdiction even though the plan had already been confirmed and the dispute was not a core proceeding. Because...
Judge(s):
KRAUSE, BIBAS, and AMBRO, Circuit Judges
Tag(s):

Elizabeth Richert v. Kathleen White Murphy, et al

Citation:
23-12840 (11th Circuit, Sep 26,2024) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not err in converting chapter 13 case to chapter 7 where debtor consistently failed to comply with bankruptcy court orders and demonstrated bad faith, nor did the court violate...
Judge(s):
Newsom, Grant, and Anderson
Tag(s):

Erickson v. Wilson-Aguilar (In re Erickson)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 5 months ago
Citation:
No. 23-60037 (9th Circuit, Sep 24,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...
Judge(s):
FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge
Tag(s):

Boston Generating, LLC V CREDIT SUISSE SECURITIES (USA) LLC

Citation:
21-2543-bk (2nd Circuit, Sep 19,2024) Not Published
Case Status:
Affirmed
Ruling:
The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...
Judge(s):
SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges
Tag(s):

Byrnes v. Byrnes (In re Byrnes)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 6 months ago
Citation:
No. 24-2015 (10th Circuit, Sep 17,2024) Not Published
Case Status:
Affirmed
Ruling:
A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...
Judge(s):
Holmes, Hartz, and Rossman
Tag(s):

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