Migrant Health Center, Inc. v. Commonwealth of Puerto Rico

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 3 weeks 5 days ago

Citation:

18-1783 (1st Circuit, Mar 21,2019) Published

Case Status:

Reversed and Remanded

Ruling:

The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...

Judge(s):

Lynch, Thompson and Baron

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Venue/Jurisdiction
• Puerto Rico
• 362

Benzeen Inc. v. UST - United States Trustee, Woodland Hills (In re Benzeen Inc.)

• Summarized by Samuel Henninger , University of Tennessee College of Law
• 1 month 1 week ago

Citation:

CC-18-1185-FLS, 2019 WL 1096334 (9th Circuit, Mar 06,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court cannot sua sponte dismiss debtor's chapter 11 case without providing debtor with proper notice prior to dismissing its case or considering the best interests of the estate and...

Judge(s):

Faris, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Practice and Procedure

Holly MacIntyre v. JP Morgan Chase Bank, N.A. (In re Macintyre)

• Summarized by Lars Fuller , BakerHostetler
• 1 month 1 week ago

Citation:

BAP No. CO-18-085 (10th Circuit, Mar 05,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...

Judge(s):

Cornish, Jacobvitz, Mosier

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Mortgage
• Professional Practice Areas
• Real Estate
• Rule 5010
• § 350

Steven Dollman v. Philip Montoya (In re Mendoza & Armijo)

• Summarized by Michael Cooley , Bryan Cave Leighton Paisner LLP
• 1 month 2 weeks ago

Citation:

BAP Nos. NM-18-019, NM-18-030 (10th Circuit, Feb 05,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...

Judge(s):

Michael, Romero, and Somers

Tag(s):

• 10th Circuit
• Practice and Procedure
• Discharge/Dischargeability
• Rule 1009
• Rule 9006

Wohleber v. Skurko & Gentile (In re Wohleber)

• Summarized by Ryan Heilman , Wernette Heilman PLLC
• 1 month 2 weeks ago

Citation:

18-8008 (6th Circuit, Mar 04,2019) Published

Case Status:

Reversed and Remanded

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...

Judge(s):

HARRISON, HUMPHREY, and OPPERMAN

Tag(s):

• 6th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Family/Divorce Issues
• 11 U.S.C. § 362

In re Picard

• Summarized by Samuel Henninger , University of Tennessee College of Law
• 1 month 3 weeks ago

Citation:

No. 17-2992(L), 2019 WL 903978 (2nd Circuit, Feb 25,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Neither the presumption against extraterritoriality nor international comity principles bar the trustee of a domestic debtor from recovering property that the debtor transferred to a foreign entity...

Judge(s):

Jacobs, Pooler, Wesley

Tag(s):

• 2nd Circuit
• Fraud
• Fraudulent Transfers
• Preferences
• 11 U.S.C. § 548(a)(1)(A); 11 U.S.C. § 550(a)(2)

Booker v. Johns (In re Booker)

• Summarized by J. Lockridge , Kean Miller LLP
• 2 months 5 days ago

Citation:

18-30526 (5th Circuit, Feb 11,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...

Judge(s):

Jolly, Jones, Dennis

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 1325

Menendez v. Montoya (In re Dollman)

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

Citation:

BAP No. N-18-019 (10th Circuit, Feb 05,2019) Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 10th Circuit reversed and remanded ruling of bankruptcy court (D. NM) denying debtors' motions to amend schedules, including claimed exemptions, after cases had been closed. BAP ruled that...

Judge(s):

Michael, Romero, Somers

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Rule 1009
• 11 U.S.C § 522

Ultra Petroleum Corp., et al v. Ad Hoc Committee of Unsecured Creditors of Ultra Resources Inc. (In re Ultra Petroleum Corp.)

• Summarized by Walter Newman , Newman & Newman
• 2 months 4 weeks ago

Citation:

No. 17-20793 (5th Circuit, Jan 17,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...

Judge(s):

DAVIS, ENGELHARDT, and OLDHAM, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization

Bennett v Garner

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 2 months 4 weeks ago

Citation:

No. 18-1531 (4th Circuit, Jan 16,2019) Published

Case Status:

Reversed and Remanded

Ruling:

The 4th Circuit held that a state court judgment confirming an arbitration award did not preclude plaintiff’s fraudulent transfer claims and alter-ego claims under doctrine of res judicata. With...

Judge(s):

Keenan, Floyd, and Thacker.

Tag(s):

• 4th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Fraud
• Fraudulent Transfers

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