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John Finstad v. James Gord

Summarizing by Bradley Pearce

In re Kent and Carley Rae Burton

Citation:
BAP No. AZ-19-1126-LTaF (9th Circuit, Jan 14,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed dismissal of chapter 13 case after bankruptcy court (D. Az.) determined that debtors' potential recovery from marijuana business lawsuit created impermissible risk of...
Judge(s):
Lafferty, Taylor, Faris
Tag(s):

Wal-Mart Stores, Incorporated, et al v. Tobin Park

Citation:
18-30378 (5th Circuit, Jan 08,2020) Not Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...
Judge(s):
Owen, Weiner and Dennis
Tag(s):

In re Theodore Perez

Citation:
Bankruptcy Applllate Panel of the Sixth Circuit, Case No. 18-8036; File Name: 19b0008n.06 (6th Circuit, Dec 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...
Judge(s):
Buchanan, Dales and Opperman (BAP Judges)
Tag(s):

Wells Fargo v. Bear Stearns Co Inc

Citation:
18-2887 (3rd Circuit, Dec 24,2019) Published
Case Status:
Affirmed
Ruling:
(1) A Bankruptcy Court's determination of good faith regarding an obligatory post-default valuation of collateral receives mixed review on appeal. Factual findings are reviewed for clear error...
Judge(s):
Smith, McKee and Phipps
Tag(s):

Rai v. Henderson (In re VCR I, LLC)

Citation:
19-60163 (5th Circuit, Dec 19,2019) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of appeal as statutorily moot under 11 USC 363(m). The record amply supported the bankruptcy court's findings that the purchasers were "good faith" purchasers, despite...
Judge(s):
Owen, Haynes and Costa (per curiam)
Tag(s):

In re Millennium Lab Holdings LLC

Citation:
No. 18-3210 (Precedential) (3rd Circuit, Dec 19,2019) Published
Case Status:
Affirmed
Ruling:
The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...
Judge(s):
CHAGARES, JORDAN, and RESTREPO
Tag(s):

Permula Corporation v. Helson Pacheco (In re Pacheco)

Citation:
19-50318 (5th Circuit, Dec 17,2019) Not Published
Case Status:
Affirmed
Ruling:
The district court properly dismissed the plaintiff-appellant's appeal of the bankruptcy court's dismissal of the plaintiff's dischargeability complaint due to the plaintiff-appellant's failure to...
Judge(s):
STEWART, HIGGINSON, and COSTA
Tag(s):

LL Painting Co., Inc. v. Odyessy Contracting Corp

Citation:
UNITED STATES COURT OF APPEALS Case Nos. 19-1150 & 19-1151 (3rd Circuit, Dec 12,2019) Published
Case Status:
Affirmed
Ruling:
The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...
Judge(s):
Ambro, Circuit Judge
Tag(s):

Sharon Rose v. Select Portfolio Servicing, et al

Citation:
19-50598 (5th Circuit, Dec 10,2019) Published
Case Status:
Affirmed
Ruling:
5th Circuit affirmed District Court (W.D. Tx.) grant of summary judgment in favor of creditors seeking foreclosure against former serial bankruptcy filer. Texas common law and Section 362(c)(3)(A)...
Judge(s):
Owen, Southwick and Willett
Tag(s):

Radiance Capital Receivables N v. Thomas Crow (In re Thomas Crow)

Citation:
BAP No. WY-18=083 & WY-18-086 (10th Circuit, Nov 26,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
Judge(s):
Cornish, Hall, Loyd
Tag(s):

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