Madatian v. Goldman (In re Madatian)

Citation:
18-1166 (9th Circuit, Feb 11,2019) Not Published
Case Status:
Affirmed
Ruling:
Chapter 7 Trustee was entitled to turnover of debtor’s residential property, and could evict debtor from the property, under § 542(a) inasmuch as “there[] [was] ample evidence demonstrating...
Judge(s):
Faris, Kurtz, and Taylor
Tag(s):

Peter Kvassay v. Robert Kvassay (In re Peter Kvassay)

Citation:
18-1148 (9th Circuit, Feb 11,2019) Not Published
Case Status:
Affirmed
Ruling:
Chapter 7 discharge barred trustee of trustee from seeking to collect on debts owed to the trustee of an estate planning trust in his individual capacity, but did not prohibit the trustee, in his...
Judge(s):
Taylor, Faris, and Kurtz
Tag(s):

SummitBridge National v. Ollie Faison

Citation:
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT: No. 17-2441 (4th Circuit, Feb 08,2019) Published
Case Status:
Affirmed
Ruling:
The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees, if those fees are incurred after the filing of a bankruptcy...
Judge(s):
Before FLOYD and HARRIS, Circuit Judges, and Donald C. COGGINS, Jr., United States District Judge for the District of South Carolina, sitting by designation. Opinion by Circuit Judge Pamela Harris.
Tag(s):

Suzanne Cox v. Wells Richards, et al

Citation:
18-60394 (5th Circuit, Feb 07,2019) Not Published
Case Status:
Affirmed
Ruling:
Individual debtor was barred by doctrine of judicial estoppel from suing to enforce alleged loan she made to certain individuals based on her failure to disclose the loan in her prior bankruptcy...
Judge(s):
Davis, Jones, and Dennis
Tag(s):

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):

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