IPC (USA), Inc. v. Kathryn A. Ellis (In re Pettit Oil Company)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 10 months 1 week ago

Citation:

No. 17-60081, 2019 WL 1104662 (9th Circuit, Mar 11,2019) Published

Case Status:

Affirmed

Ruling:

Proceeds from consigned goods in consignee's possession on the petition date become property of the estate unless the consignor has perfected its interest.

Judge(s):

Fletcher, Bybee, Burns

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims

Jakubaitis v. JPMorgan Chase Bank, N.A. (In re Jakubaitis)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 10 months 1 week ago

Citation:

CC-18-1069-FLS (9th Circuit, Mar 07,2019) Not Published

Case Status:

Affirmed

Ruling:

The error in granting relief from the automatic stay was harmless because the discharge injunction left creditor free to enforce its in rem rights against debtor's car without seeking permission...

Judge(s):

Faris, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Automatic Stay
• Discharge/Dischargeability

Imperium Insurance Company v. Shelton & Associates

• Summarized by J Newman , Newman & Newman
• 10 months 2 weeks ago

Citation:

16-60728 (5th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

The Court held that Shelton made material misrepresentations when he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...

Judge(s):

JOLLY, JONES, and HAYNES

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Insurance

Maria Nino v. Flagstar Bank, FSB (In re Nino)

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 10 months 2 weeks ago

Citation:

Case No. 18-1503;File Name: 19a0107n.06 (6th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

Sixth Circuit upheld District Court's order dismissing consumer's complaint as follows: (i) under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as it did not apply to the defendant...

Judge(s):

Clay, McKeague and White, Circuit Judges

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Consumer Debt
• Mortgage

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 10 months 2 weeks ago

Citation:

18-5378/5386 (6th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...

Judge(s):

Daughtrey, Gibbons and Griffin; Opinion by Gibbons

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims
• Professional Practice Areas
• Bankruptcy Taxation
• 11 U.S.C § 105
• 503
• 507
• 524

Adkins v Wentz & Wentz (In re Adkins)

• Summarized by Lars Fuller , BakerHostetler
• 10 months 2 weeks ago

Citation:

BAP No. NV-18-1204-KuTaB (9th Circuit, Mar 05,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...

Judge(s):

Kurtz, Taylor, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Small Business
• 11 USC 523

Glaser and Khomyakova v. Krohn (In re Glaser and Khomyakov)

• Summarized by Lars Fuller , BakerHostetler
• 10 months 2 weeks ago

Citation:

BAP No. NV-18-1175-KuTaB (9th Circuit, Mar 05,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...

Judge(s):

Kurtz, Taylor, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C § 541

Trinity 83 Development LLC v. Colfin Midwest Funding LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 10 months 2 weeks ago

Citation:

18-2117 (7th Circuit, Mar 01,2019) Published

Case Status:

Affirmed

Ruling:

Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...

Judge(s):

Easterbrook, Barrett, and Scudder

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 363(m)

Marshall v. McCarty (In re: Marshall)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 10 months 2 weeks ago

Citation:

18-6024 (8th Circuit, Feb 28,2019) Not Published

Case Status:

Affirmed

Ruling:

.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...

Judge(s):

Saladino, Nail, and Dow

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Certification
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C.S. § 109

BMO Harris Bank N.A. v. Carol Anderson

• Summarized by Bonnie Clair , Summers Compton Wells LLC
• 10 months 2 weeks ago

Citation:

No. 17-3073 (7th Circuit, Feb 26,2019) Published

Case Status:

Affirmed

Ruling:

Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...

Judge(s):

Easterbrook, Kanne, Brennan

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Certification
• Claims
• Practice and Procedure
• Professional Practice Areas
• Real Estate

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