In re- Jay Douglas Buchanan

Citation:
21-1856 (8th Circuit, Apr 22,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Eighth Circuit (Circuit) reversed the grant of summary judgment by the bankruptcy court (BC), later affirmed by a bankruptcy appellate panel, in favor of Jay and...
Judge(s):
Lavenski R. Smith; Raymond W. Gruender; and Jonathan A. Kobes
Tag(s):

In re - HARLAN PAGE CONFER, III and CHARLOTTE CLUFF CONFER

Citation:
BAP No. EC-21-1140-TBG (9th Circuit, Mar 10,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
Judge(s):
TAYLOR, BRAND, and GAN, Bankruptcy Judges
Tag(s):

In re: VICTORIA M. GEWALT,

Citation:
BAP No. EC-21-1172-TBG (9th Circuit, Feb 02,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
Judge(s):
TAYLOR, BRAND, and GAN, Bankruptcy Judges
Tag(s):

Gabriel Invst v. Texas ABC

Citation:
21-50322 (5th Circuit, Jan 28,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The Fifth Circuit certified questions of Texas state law to the Texas Supreme Court regarding permissibility of alcohol permit transfer(s) as part of a proposed sale.
Judge(s):
King, Costa, and Willett, Circuit Judges.
Tag(s):

In re: TIMOTHY RUSSELL HOFFMAN

Citation:
20-12823 (11th Circuit, Jan 24,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) held that Roth Individual Retirement Accounts (Roth IRAs), like customary Individual Retirement Accounts (IRAs) and 401(k) accounts, are...
Judge(s):
Charles R. Wilson; Barbara Lagoa; and Edward E. Carnes
Tag(s):

In re: DIANN MARIE CATES

Citation:
18-1355 (10th Circuit, Sep 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
Judge(s):
HOLMES, BRISCOE, and EID
Tag(s):

IN RE: W.R. GRACE & CO, et al.,

Citation:
20-2171 (3rd Circuit, Sep 15,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...
Judge(s):
Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause
Tag(s):

In re Patow

Citation:
BAP No. CC-20-1285-GTL (9th Circuit, Sep 03,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
Judge(s):
GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges
Tag(s):

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