In re: Philip Charles DeVries,

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 month 2 weeks ago

Citation:

20-6011 (8th Circuit, Nov 25,2020) Published

Case Status:

Reversed

Ruling:

As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...

Judge(s):

Barry S. Schermer (Author); Charles L. Nail, Jr.; Dennis R. Dow

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• Plan Confirmation
• Practice and Procedure
• Discharge/Dischargeability
• Chapter 12/Farm Cases
• Govt. Claims/Sovereign Immunity
• 11 U.S.C. § 553(a); 11 U.S.C. § 1232(a)

In re Wagenknecht and Colbert

• Summarized by Lars Fuller , BakerHostetler
• 4 months 3 weeks ago

Citation:

19-1206 (10th Circuit, Aug 24,2020) Published

Case Status:

Reversed

Ruling:

Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...

Judge(s):

Briscoe, Ebel, Lucero

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Preferences
• Fed R Bankr P 7056
• 11 U.S.C. § 547

In re Nations First Capital, LLC

• Summarized by David Shemano , ShemanoLaw
• 7 months 1 week ago

Citation:

BAP No. EC-19-1201-GLB (9th Circuit, Jun 05,2020) Not Published

Case Status:

Reversed

Ruling:

The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...

Judge(s):

GAN, LAFFERTY, and BRAND

Tag(s):

• 9th Circuit
• Claims
• Practice and Procedure
• FRBP 9024; FRCP 60(b)
• 11 U.S.C § 502(j)

Carl Coslow v. William Reisz

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 8 months 1 week ago

Citation:

Case No. 19-6200, 2020 WL 2317493 (6th Circuit, May 11,2020) Published

Case Status:

Reversed

Ruling:

Whether property has value to estate determined at time of proposed abandonment. Although property had no equity as of petition date, Debtor's later motion to compel abandonment denied where...

Judge(s):

Moore, McKeague and Readler

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• 554

In re Dean Boland

• Summarized by Jason Stitt , Keating Muething & Klekamp PLL
• 1 year 1 week ago

Citation:

Nos. 19-3205/3211 (6th Circuit, Jan 03,2020) Published

Case Status:

Reversed

Ruling:

Court of Appeals for the Sixth Circuit reserved decision of Bankruptcy Court for the Northern District of Ohio, which discharged debt related to civil judgment for willful and malicious injury...

Judge(s):

McKEAGUE, BUSH, and NALBANDIAN, Circuit Judges

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(6)

In re Richard Black

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 1 week ago

Citation:

BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published

Case Status:

Reversed

Ruling:

1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...

Judge(s):

FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 541(a)(6)
• 1306
• 1327

Umpqua Bank v. Carolyn Burke (In re Burke)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 1 year 1 month ago

Citation:

BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published

Case Status:

Reversed

Ruling:

Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...

Judge(s):

Spraker, Taylor, Brand

Tag(s):

• 9th Circuit
• Claims
• Consumer Bankruptcy
• Discharge/Dischargeability
• 7056
• 727(b)
• 524(a)(2)
• 101

Zito v. Douglass Enterprises, LLC (In re Zito)

• Summarized by Samuel Henninger , Waller Lansden Dortch & Davis, LLP
• 1 year 4 months ago

Citation:

AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published

Case Status:

Reversed

Ruling:

Creditor was not entitled to attorney's fees before prevailing in the state court litigation.

Judge(s):

Brand, Faris, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Professional Compensation/Fees
• Discharge/Dischargeability
• 11 U.S.C § 523(a)(3)(A)

Serap v. Idnani (In re Serap)

• Summarized by Lars Fuller , BakerHostetler
• 1 year 8 months ago

Citation:

BAP No. NV-18-1077-BKuTa (9th Circuit, May 02,2019) Not Published

Case Status:

Reversed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy (D. Nev.) in 2-1 split, concluding Nevada's "one-action rule" renders a creditor's deed of trust void if, prior to the completion of the...

Judge(s):

Brand, Kurtz, Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• Rule 9014

City of Chicago v. Marilyn O. Marshall (In re Steenes)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 1 year 10 months ago

Citation:

Nos. 17-3630, 17-3663 & 17-3664 (7th Circuit, Mar 14,2019) Published

Case Status:

Reversed

Ruling:

Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...

Judge(s):

Easterbrook, Rovner, and Hamilton

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C. § 1327(b)

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