Castaldi v. Schwartzer (In re: Welscorp, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 1 week ago

Citation:

BAP No. NV-23-1031-BGC (9th Circuit, Jul 20,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court properly granted summary judgment to a Chapter 7 Trustee who sought to avoid and recover actually fraudulent...

Judge(s):

BRAND, GAN, and CORBIT

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 7056
• Fed. R. Bankr. P. 8014
• 11 U.S.C. § 544(b)(1)
• 11 U.S.C. § 548(a)(1)(A)
• 11 U.S.C. § 550

In re: WALLACE STEFFEN,

• Summarized by Amir Shachmurove , Reed Smith LLP
• 4 months 2 weeks ago

Citation:

22-1240 (9th Circuit, Jul 18,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Central District of California granting summary judgment excepting the debt...

Judge(s):

William J. Lafferty III; Robert J. Faris; and Gary A. Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Commercial Fraud
• 11 U.S.C § 523(a)(4)

Tianjin Dinghui Hongjun Equity Inv. P'ship (L.P.) v. Pac. Links U.S. Holdings, Inc. (In re Pac. Links U.S. Holdings, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 2 weeks ago

Citation:

BAP No. HI-22-1191-BCL (9th Circuit, Jul 18,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not clearly err in finding a creditor received constructively fraudulent transfers from debtors related to their...

Judge(s):

BRAND, CORBIT, and LAFFERTY

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• Real Estate
• Fed. R. Bankr. P. 7052
• 11 U.S.C. § 548(a)(1)(B)
• 11 U.S.C. § 548(c)

East Coast Foods, Inc. v. Development Specialists, Inc. (In re: East Coast Foods, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 2 weeks ago

Citation:

BAP No. CC-23-1034-FLS (9th Circuit, Jul 19,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a debtor's motion for leave to sue the Chapter 11 Trustee in state court for alleged...

Judge(s):

FARIS, LAFFERTY, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Court Administration
• Fraud
• Professional Compensation/Fees
• Venue/Jurisdiction
• Business Reorganization
• 11 U.S.C. § 327

Amberson v. McAllen

• Summarized by Grayson Williams , McDermott Will & Emery
• 4 months 3 weeks ago

Citation:

No. 22-50788 (5th Circuit, Jul 12,2023) Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit affirmed the bankruptcy court and district court's (W.D. Tex) ruling that a "disclaimer" contained in an arbitration award did not inhibit the award's preclusive effect based on...

Judge(s):

Graves, Higginson, and Douglas,

Tag(s):

• 5th Circuit
• Alternative Dispute Resolution
• Consumer Debt
• Discharge/Dischargeability

In re: Louis N. Delloso

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 3 weeks ago

Citation:

No. 22-2532 (3rd Circuit, Jul 10,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order denying a creditor's motion to reopen a chapter 7 case five years after closure. The deadlines for the creditor...

Judge(s):

KRAUSE, BIBAS and RENDELL

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Discharge/Dischargeability
• Small Business
• Fed. R. Bankr. P. 4007(c)
• Fed. R. Bankr. P. 5010
• Fed. R. Bankr. P. 9006(b)
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 105(a)
• 11 U.S.C. § 350
• 11 U.S.C. § 523(a)(2)
• (4) and (6)
• 11 U.S.C. § 727

In re: OFF-SPEC SOLUTIONS, LLC

• Summarized by Benjamin Fischer , U.S. Bankruptcy Court, District of New Jersey
• 4 months 3 weeks ago

Citation:

BAP No. ID-23-1020 (9th Circuit, Jul 06,2023) Published

Case Status:

Affirmed

Ruling:

The B.A.P. of the Ninth Circuit affirmed the bankruptcy court's dismissal. Relying on canons of statutory interpretation, the court interpreted § 1192 to reiterate § 523(a)’s application to...

Judge(s):

GAN, CORBIT, and BRAND

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Small Business
• 7012 (Rule 12(b)(6))
• 11 U.S.C. §§ 1192
• 523(a)

IN RE KATE BUFFY DRAKEWYCK,

• Summarized by Jaden Banks , US Bankruptcy Court, Eastern District of Missouri
• 5 months 3 hours ago

Citation:

CO-23-004 (10th Circuit, Jun 23,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Tenth Circuit (the “BAP”) affirmed the Bankruptcy Court for the District of Colorado's dismissal of an adversary proceeding, where the Debtor failed to...

Judge(s):

Michael, Parker, and Thurman

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Fed. R. Bankr. Pro. 7004(b)(4) &(5); Fed. R. Civ. Pro. 4(m); Fed. R. Civ. Pro. 4(e); Fed. R. Civ. Pro 4(i); Fed. R. Civ. Pro. 4(j); Fed. R. Bankr. Pro. 7004(e)

Brugnara v. PSG Mortgage Lending Corp. (In re: PSG Mortgage Lending Corp.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 5 months 1 week ago

Citation:

BAP No. NC-22-1065-GBS (9th Circuit, Jun 29,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a motion to remand a removed civil action and in granting a summary judgment for the...

Judge(s):

GAN, BRAND, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Real Estate
• Fed
• R. Bankr. P. 8002(a)
• R. Bankr. P. 8009
• R. Bankr. P. 8018
• R. Bankr. P. 9027

In re: CHRISTIAN GADBOIS

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 months 4 days ago

Citation:

BAP No. CC-23-1012-LSF (9th Circuit, Jun 28,2023) Not Published

Case Status:

Affirmed

Ruling:

A debtor who did not assume a lease in his chapter 13 plan and who did not disclose ownership of any business-related property in his Schedules and Statement of Financial Affairs was estopped from...

Judge(s):

LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• 7052

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