Home » Reversed and Remanded

Freddie Brown v. Mary Viegelahn

  • Summarized by Craig Geno , Craig M. Geno, PLLC
  • 3 weeks 2 days ago
Citation:
19-50177 (5th Circuit, Jun 08,2020) Published
Case Status:
Reversed and Remanded
Ruling:
In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
Judge(s):
Southwick, Graves and Englehardt
Tag(s):

In re Camile Davis

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 1 month 1 day ago
Citation:
19-3117 (6th Circuit, Jun 01,2020) Published
Case Status:
Reversed and Remanded
Ruling:
On direct appeal from bankruptcy court, the Sixth Circuit vacated and remanded an order confirming a Chapter 13 plan after the Debtor amended to include her long-standing 401(k) contributions as...
Judge(s):
Clay, Larsen & Readler; Opinion by Larsen; Dissent by Readler
Tag(s):

Allen Diamond v. Hogan Lovells US

Citation:
15-16326 through 15-16333 (9th Circuit, Feb 27,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Under the law governing law firms operating under the District of Columbia partnership law, hourly-billed matters are not property of the law firm, a former partner owes no continuing duty to the...
Judge(s):
Gould, Murguia and Freudenthal
Tag(s):

USA v. John Chesteen, Jr.

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 4 months 2 weeks ago
Citation:
19-30195 (5th Circuit, Feb 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
Judge(s):
Owen, Barksdale and Duncan
Tag(s):

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
  • 5 months 3 weeks 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

  • Summarized by J. Lockridge , Kean Miller LLP
  • 6 months 1 week ago
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
  • 6 months 3 weeks 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
  • 7 months 4 days 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):

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