Serap v. Idnani (In re Serap)

• Summarized by Lars Fuller , BakerHostetler
• 2 weeks 1 day 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
• 2 months 1 week 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)

Miller v. Gilliam & Rodriguez (In re Miller)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 2 months 1 week ago

Citation:

BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published

Case Status:

Reversed

Ruling:

Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...

Judge(s):

Spaker, Faris, and Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Rule 9011
• 11 USC 105(a)

Doe v. Boland (In re: Boland)

• Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
• 3 months 6 days ago

Citation:

17-8019 (6th Circuit, Feb 13,2019) Published

Case Status:

Reversed

Ruling:

The Sixth Circuit BAP reversed the bankruptcy court's ruling (N.D. Ohio) that a civil judgment was dischargeable under 11 U.S.C. § 523(a)(6). The BAP agreed that collateral estoppel was...

Judge(s):

Humphrey, Buchanan, Dales

Tag(s):

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

THE BANK OF NEW YORK MELLON v. LANE

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 3 weeks ago

Citation:

NC-16-1405-BSTa (9th Circuit, Sep 19,2018) Published

Case Status:

Reversed

Ruling:

The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...

Judge(s):

BRAND, SPRAKER and TAYLOR, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Personal Bankruptcy Topics
• Mortgage
• 506(d)

Silva v. Pro Transport, Inc.

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 9 months 1 week ago

Citation:

17-12744 (11th Circuit, Aug 10,2018) Published

Case Status:

Reversed

Ruling:

Eleventh Circuit reversed sanctions imposed by district court on attorneys for prosecuting claims that their client failed to disclose as assets in his bankruptcy case. Applying its 2017 ruling in...

Judge(s):

W Pryor, J Pryor Anderson

Tag(s):

• 11th Circuit
• Practice and Procedure
• Labor/Employment

Burkhart v. Grigsby

• Summarized by Michael Cooley , Reed Smith LLP
• 1 year 1 month ago

Citation:

16-1971 (4th Circuit, Mar 29,2018) Published

Case Status:

Reversed

Ruling:

A chapter 13 debtor may strip down a creditor’s undersecured (or fully underwater) lien whether or not that creditor filed a proof claim, and this power arises under § 1322(b), and not § ...

Judge(s):

King, Diaz, and Shedd

Tag(s):

• 4th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• § 1322

Lowe v. Deberry, et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 2 months ago

Citation:

17-50315 (5th Circuit, Mar 07,2018) Published

Case Status:

Reversed

Ruling:

The proceeds from the post-petition sale of a house that was exempt on the petition date are likewise exempt and cannot be recovered by the debtor's trustee. The six month reinvestment safe harbor...

Judge(s):

HIGGINBOTHAM, SOUTHWICK, COSTA

Tag(s):

• 5th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy

Feldman v. FDIC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 4 months ago

Citation:

17-5009 (D.C. Circuit, Jan 12,2018) Published

Case Status:

Reversed

Ruling:

A chapter 7 trustee's amended complaint sufficiently alleged the basis for her excusable neglect to file a proof of claim against the FDIC, as the receiver for Washington Mutual Bank. Therefore,...

Judge(s):

ROGERS, TATEL, and EDWARDS

Tag(s):

• D.C. Circuit
• Professional Practice Areas
• Finance and Banking

Crystallex International Corp. v. Petroleos De Venezuela, S.A.

• Summarized by Elie Worenklein , Debevoise & Plimpton LLP
• 1 year 4 months ago

Citation:

Nos. 16-4012 & 17-1439, U.S. Court of Appeals for the Third Circuit (3rd Circuit, Jan 03,2018) Published

Case Status:

Reversed

Ruling:

A transfer by a non-debtor entity cannot be a “fraudulent transfer” under the Delaware Uniform Fraudulent Transfer Act (“DUFTA”).

Judge(s):

Vanaskie, Rendell and Fuentess

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers

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