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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

Lehman XS Trust v. Greenpoint Mortage Funding, Inc.

Citation:
No. 17-1290, 2019 WL 452888 (2nd Circuit, Feb 06,2019) Published
Case Status:
Affirmed
Ruling:
District court properly dismissed U.S. Bank's claims as untimely. The claims were for breach of contract, indemnification, and breach of indemnification agreements.
Judge(s):
Wesley, Chin, Carney
Tag(s):

Hindra v. Duetsche Bank National Trust Co. (In re Hindra)

Citation:
BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's decision denying the erstwhile debtor's motions to vacate dismissal of, and to reopen, her chapter 13 case.
Judge(s):
KURTZ, TAYLOR, and FARIS, Bankruptcy Judges
Tag(s):

Davis.v. Asphalt Professionals, Inc. (In re Davis)

Citation:
BAP Nos. CC-18-1158-FKuTa & CC-18-1163-FkuTa (9th Circuit, Jan 31,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed defense judgment of bankruptcy court (CD Cal.) on creditor's 11 USC 523/727 suit. Bankruptcy court correctly followed California discretionary law of issue preclusion...
Judge(s):
Faris, Kurtz, Taylor
Tag(s):

Roach v. Marshack (In re Roach)

Citation:
No. CC-18-1144-KuTaF, 2019 WL 408628 (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (C.D. Cal.) granting chapter 7 trustee's sale motion over debtor's objection. Debtor waived appeal of disbursement of sale proceeds after...
Judge(s):
Kurtz, Taylor, Faris
Tag(s):

Baron v. Sherman

Citation:
No. 18-10182, 2019 WL 419380 (5th Circuit, Feb 04,2019) Published
Case Status:
Affirmed
Ruling:
In the 5th Circuit, bankruptcy trustees are entitled to qualified immunity for personal harms caused by actions that, while not pursuant to a court order, fall within the scope of their official...
Judge(s):
Reavley, Elrod, Willett
Tag(s):

CRP Holdings A-1, LLC v. O`Sullivan (In re O`Sullivan)

Citation:
No. 17-3226, 2019 WL 406685 (8th Circuit, Feb 01,2019) Published
Case Status:
Affirmed
Ruling:
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Judge(s):
Smith, Melloy, Stras
Tag(s):

Parr v. Rodriguez (In re Parr)

Citation:
No. CO-18-084, 2019 WL 365748 (10th Circuit, Jan 30,2019) Not Published
Case Status:
Affirmed
Ruling:
Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.
Judge(s):
Nugent, Cornish, Jacobvitz
Tag(s):

First State Bank of Roscoe v. Stabler (In re Stabler)

Citation:
No. 17-1904, 2019 WL 362454 (8th Circuit, Jan 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court properly held bank and its principal in contempt and sanctioned them for violating a final bankruptcy discharge injunction.
Judge(s):
Shepherd, Melloy, Grasz
Tag(s):

Terry Giese v. Lexington Coal Co. (In re HNRC Dissoultion Co.)

Citation:
18-5674 (6th Circuit, Jan 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Judge(s):
MERRITT, GUY, and MOORE
Tag(s):

Connolly v. Morreale (In re Morreale)

Citation:
BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published
Case Status:
Affirmed
Ruling:
Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
Judge(s):
Nugent, Michael, and Somers
Tag(s):

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