IN RE CHUZA OIL COMPANY

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

Citation:

BAP No. NM-21-029 (10th Circuit, May 27,2021) Published

Case Status:

Reversed

Ruling:

BAP for 10th Cir. reversed ruling of bankruptcy court (D. NM) after bankruptcy court entered defense verdict against plaintiff chapter 7 trustee on 547 and 548 claims. Post-confirmation payments by...

Judge(s):

Romero, Hall, Rosania

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Turnaround Issues
• 11 U.S.C. § 547

In re: RIZAL JUCO GUEVARRA

• Summarized by Thomas Phinney , Parkinson Phinney
• 10 months 2 weeks ago

Citation:

BAP No. EC-21-1141-SFL (9th Circuit, Mar 25,2022) Published

Case Status:

Reversed

Ruling:

Debtor may amend his schedules to claim an exemption in sale proceeds of real property after the interest was sold by the bankruptcy trustee, under circumstances where the Debtor did not conceal...

Judge(s):

SPRAKER, FARIS, and LAFFERTY

Tag(s):

• 9th Circuit
• Asset Sales
• Consumer Bankruptcy
• 541
• 363
• 522

In re: George J. McPherson

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 10 months 1 week ago

Citation:

21-8011/8012 (Consolidated) (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...

Judge(s):

Croom, Dales (dissenting) and Stout (opinion author)

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Claims
• Consumer Bankruptcy
• Professional Practice Areas
• Bankruptcy Taxation
• Health Care
• Section 507(a)(8)

In re- Howard D. Juntoff

• Summarized by Amir Shachmurove , Reed Smith LLP
• 10 months 2 weeks ago

Citation:

21-8011 & 21-8012 (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Hearing consolidated appeals arising from two chapter 13 cases that presented solely legal issues, with one dissent, the Bankruptcy Appellate Panel of the Sixth Circuit (BAP) reversed the...

Judge(s):

Alan C. Stout; James L. Croom; and Scott W. Dales

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Fed. R. Bankr. P. 3001; Fed. R. Bankr. P. 3002; Fed. R. Bankr. P. 3007
• 11 U.S.C. § 507(a)(8)(A); 11 U.S.C. § 507(a)(8)(E)

In re- BLACK GOLD S.A.R.L.

• Summarized by Michael Myers , Ballard Spahr LLP
• 11 months 3 weeks ago

Citation:

BAP No. NC-21-1068-BGT (9th Circuit, Feb 17,2022) Published

Case Status:

Reversed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel (BAP) reversed the bankruptcy court's order denying recognition of a Monaco insolvency proceeding under section 1501 based on the misconduct and bad...

Judge(s):

BRAND, GAN, and TAYLOR

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Automatic Stay
• Professional Practice Areas
• International Insolvency

Larry Russell Homes Company v. Eric Maynor

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 12 hours ago

Citation:

21-027 (10th Circuit, Feb 03,2022) Not Published

Case Status:

Reversed

Ruling:

Concluding that the law of the state of a debtor's prepetition domicile governs an exemption claim, the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) reversed the decision of the U.S....

Judge(s):

Cathleen D. Parker; Terrence L. Michael; and William T. Thurman

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Real Estate
• Small Business
• Fed. R. Bankr. P. 4003(c); Fed. R. Bankr. P. 9011
• 11 U.S.C. § 522(b)(3)(A)
• (d)

In re: ANTONIA ANDRADE-GARCIA

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 3 weeks ago

Citation:

BAP No. NV-21-1115-GTF (9th Circuit, Jan 11,2022) Published

Case Status:

Reversed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court's decision to award attorneys' fees to the debtor under Nevada state law based on debtor's successful objection to a...

Judge(s):

GAN, TAYLOR, and FARIS

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• 11 U.S.C. 502(b)

In re: ROBERT DUANE RENS

• Summarized by Lars Fuller , BakerHostetler
• 1 year 3 months ago

Citation:

BAP No. SC-20-1131-LGH (9th Circuit, Oct 29,2021) Published

Case Status:

Reversed

Ruling:

BAP for 9th Cir. reversed declaratory judgment of bankruptcy court (SD Cal.) ordering inter vivos trustee to turnover to chapter 7 trustee a portion of all future distributions to debtor, including...

Judge(s):

Lafferty, Gan, Heston

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Family/Divorce Issues
• 11 U.S.C § 541

Timothy Ellis v. Westinghouse Electric CO, LLC.

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 5 months ago

Citation:

20-2867 (3rd Circuit, Aug 30,2021) Published

Case Status:

Reversed

Ruling:

The Third Circuit Court of Appeals, reversing the U.S. District Court, held that an individual creditor's post-confirmation, pre-effective date administrative expense claim was bound by the terms...

Judge(s):

AMBRO, GREENAWAY, JR., and BIBAS

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Plan Confirmation
• Practice and Procedure
• 11 U.S.C. 503
• 11 U.S.C. 1141(d)

In re SSRE HOLDINGS, LLC

• Summarized by Lars Fuller , BakerHostetler
• 1 year 5 months ago

Citation:

BAP No. CC-21-1027-SGF (9th Circuit, Aug 26,2021) Not Published

Case Status:

Reversed

Ruling:

BAP for 9th Circuit reversed ruling of bankruptcy court (CD Cal.) dismissing chapter 11 case. BAP ruled that limited liability operating agreement provided manager with “full, complete, and...

Judge(s):

Spraker, Gan, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Corporate Governance
• Practice and Procedure
• Small Business
• § 1112

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