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Christopher M. Cook v. Chapter 13 Trustee

Summarizing by Timothy Anzenberger

WHITE v SQUARE, INC.

Citation:
No. 16-17137 (9th Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
9th Cir. issued order certifying questions to California Supreme Court regarding standing to sue under California's Unruh Act (equal protection statute). Issue was whether bankruptcy attorney had...
Judge(s):
Paez, Ikuta, Vialiano* (*sitting by designation)
Tag(s):

UNITED STATES OF AMERICA v WILLIAMS

Citation:
17-2244 (7th Circuit, Jun 06,2018) Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit Court of Appeals affirmed the district court’s decision, finding, among other things, that the district court: (i) did not violate the 6th Amendment’s Confrontation Clause...
Judge(s):
Flaum, Sykes, and Hamilton
Tag(s):

IN RE BLASINGAME

Citation:
17-8029, 2018 WL 2711204 (6th Circuit, Jun 06,2018) Published
Case Status:
Affirmed
Ruling:
Creditor cannot assert derivative standing to bring adversary proceeding where Trustee does not have standing in first instance.
Judge(s):
Humphrey, Opperman and Wise
Tag(s):

IN RE SINGH

Citation:
NC-17-1217-FBTa (9th Circuit, Jun 05,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing adversary proceeding with prejudice. After 9 year campaign opposing foreclosure, Debtor/plaintiff in his 10th bankruptcy...
Judge(s):
Faris, Brand, Taylor
Tag(s):

IN TR SEPEHRY-FARD

Citation:
NC-17-1118-BTaF & NC-17-1123-BTaF (9th Circuit, Jun 05,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. dismissed as moot and affirmed remaining ruling of bankruptcy court (ND Cal.) ruling that automatic stay expired after 30 days for repeat filer, and alternatively granting relief...
Judge(s):
Brand, Taylor, Faris
Tag(s):

Giese v. Lexington Coal Company (In re HNRC Dissolution Co.)

Citation:
16-8013 (6th Circuit, Jun 01,2018) Published
Case Status:
Affirmed
Ruling:
On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
Judge(s):
Harrison, Opperman, and Preston
Tag(s):

Liberty Towers Realty, LLC v. Richmond Liberty LLC

Citation:
17-2037 (2nd Circuit, May 31,2018) Not Published
Case Status:
Affirmed
Ruling:
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s decision, finding, among other things, that: (i) the debtors-appellants had consented to the derivative...
Judge(s):
The Honorable Rosemary S. Pooler; The Honorable Richard C. Wesley; and The Honorable Raymond J. Lohier
Tag(s):

Trost v. Trost

Citation:
17-1877 (6th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
Judge(s):
Moore, Cook, and McKeague
Tag(s):

Fort v. Suntrust Bank (In re International Payment Group, Inc.

Citation:
No. 16-2001: UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT (4th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed by unpublished per curiam opinion. "... the Trustee has failed to demonstrate a genuine dispute of material fact on the issue of whether SunTrust owed IPG [the debtor] any...
Judge(s):
Before DUNCAN and AGEE, Circuit Judges, and Leonie M. BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.
Tag(s):

Fatima v. Stern

Citation:
BAP No. CC-17-1235-LSKu (9th Circuit, May 29,2018) Published
Case Status:
Affirmed
Ruling:
A judgment entered agains the debtor for intentional misrepresentation before the commencement of her Chapter 7 bankruptcy case was sufficient to render the judgment debt nondischargeable under...
Judge(s):
LAFFERTY, SPRAKER, and KURTZ, Bankruptcy Judges
Tag(s):

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