Home » Reversed and Remanded

Dewitt v. Stewart (In re Stewart)

Citation:
18-9007 (1st Circuit, Feb 03,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...
Judge(s):
Howard, Torruella, Seyla
Tag(s):

In re Blake and India Rose Mcharo

  • Summarized by Lars Fuller , BakerHostetler
  • 1 month 4 days ago
Citation:
BAP No. OR-19-1010-LTaF (9th Circuit, Jan 09,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...
Judge(s):
Lafferty, Taylor, Faris
Tag(s):

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Judge(s):
Oldham, Clement, Duncan
Tag(s):

Tower Loan of Mississippi, LLC v. Chuck Willis

  • Summarized by J Newman , Newman & Newman
  • 2 months 6 days ago
Citation:
No. 18-60344 (5th Circuit, Dec 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
it is for the arbitrator—not (the court)—to decide whether Willis’s TILA claim is arbitrable. It is similarly the arbitrator’s province to resolve the inconsistent procedural terms....
Judge(s):
OWEN, Chief Judge, SMITH and DENNIS, Circuit Judges
Tag(s):

Ultra Petroleum Corporation, et al v. Ad Hoc Commi

  • Summarized by Lars Fuller , BakerHostetler
  • 2 months 2 weeks ago
Citation:
No. 17-20793 (5th Circuit, Nov 26,2019) Published
Case Status:
Reversed and Remanded
Ruling:
On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...
Judge(s):
Davis, Engelhardt, Oldham
Tag(s):

In re Donnadio

  • Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
  • 2 months 3 weeks ago
Citation:
19-8004, 2019 WL 6270946 (6th Cir. BAP 2019) (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Court cannot confirm Plan as matter of law where Plan provides for payment of secured claim but does not expressly provide that Creditor will retain lien until obligation is paid in full under...
Judge(s):
Wise, Buchanan and Harrison
Tag(s):

In re Donnadio

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 2 months 3 weeks ago
Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

Mark DeGiacomo v. Sacred Heart Univeristy (In re Palladino)

Citation:
17-1334 (1st Circuit, Nov 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
Judge(s):
Howard, Torruella, and Lynch
Tag(s):

In re- QDOS, Inc.

Citation:
CC-18-1301-TaFS (9th Circuit, Nov 07,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Before dismissing an involuntary bankruptcy petition based solely on an inadequate number of petitioning creditors, the bankruptcy court must ensure that the debtor's creditors are given notice of...
Judge(s):
TAYLOR, FARIS, and SPRAKER, Bankruptcy Judges
Tag(s):

Randolph Sellers, et all v. Rushmore Loan Management Services

  • Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
  • 3 months 2 weeks ago
Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

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