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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Home » Reversed

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

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 5 days 15 hours 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):

Miller v. Gilliam & Rodriguez (In re Miller)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 1 week 1 day 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):

Doe v. Boland (In re: Boland)

  • Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
  • 1 month 4 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):

THE BANK OF NEW YORK MELLON v. LANE

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):

Silva v. Pro Transport, Inc.

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 7 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):

Burkhart v. Grigsby

  • Summarized by Michael Cooley , Bryan Cave Leighton Paisner LLP
  • 11 months 2 weeks 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):

Lowe v. Deberry, et al.

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):

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

  • Summarized by Elie Worenklein , Debevoise & Plimpton LLP
  • 1 year 2 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):

IN RE: HALER

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 1 year 2 months ago
Citation:
17-40229 (5th Circuit, Dec 29,2017) Not Published
Case Status:
Reversed
Ruling:
Debtor's oral statement that his company was in "very fine legally [sic] financial shape" and had "plenty of cash to operate" fell within the exception under section 523(a)(2)(A) because it was an...
Judge(s):
King, Dennis and Costa (per curiam)
Tag(s):

Pages

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