In re Gateway Radiology Consultants

Citation:
United States Court of Appeals for the Eleventh Circuit No. 20-13462 (11th Circuit, Dec 22,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals vacated the bankruptcy court's approval of Gateway Radiology Consultants' (Debtor) motion to incur indebtedness, because the COA concluded that the Small Business...
Judge(s):
The Hons. Rosenbaum, Anderson, and Carnes
Tag(s):

James Quezada, et al v. IRS

Citation:
19-51000 (5th Circuit, Dec 11,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Taxpayer/Debtor filed IRS forms 1040 and 1099 which contained data sufficient to show the taxpayer was liable for certain backup-withholding taxes. Those forms constituted a "return" that began the...
Judge(s):
Jolly, Jones and Willet
Tag(s):

VIncent Manikan v. Peters and Freeman, LLP

Citation:
No. 19-55393 (9th Circuit, Nov 25,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
Tag(s):

In re Glenview Health Care Facility, Inc.

Citation:
19-8028 (6th Circuit, Nov 06,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court erred by disqualifying proposed counsel for a creditors' committee based on the court's conclusion that the law firm's prior representation of a 50% shareholder of the debtor...
Judge(s):
BUCHANAN, DALES, and MASHBURN
Tag(s):

Henry Hobbs, Jr. v. Buffets, L.L.C., et al

Citation:
19-50765 (5th Circuit, Nov 03,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
(1) Disbursements, for quarterly U.S. Trustee fee purposes, includes all payments made by the debtor, not just bankruptcy-related expenses. (2) The 2017 amendment that temporarily, but...
Judge(s):
Stewart, Clement and Costa, Circuit Judges
Tag(s):

in re Larsen

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1133-FBG (9th Circuit, Nov 03,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Bankruptcy Appellate Panel determined that the Trustee's objection was correct; however, not for the reasons presented by the Trustee. The Debtors were not entitled to any Nevada exemption...
Judge(s):
Honorable Faris, Brand, and Gan, Bankruptcy Judges
Tag(s):

Saeed Rohi v. J. Mark Brewer, et al

Citation:
20-20005 (5th Circuit, Oct 28,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Res judicata does not bar a plaintiff from suing his former attorneys based on statements they allegedly made to him in connection with a settlement approved by the bankruptcy court. Under the...
Judge(s):
Ho, Dennis, Southwick
Tag(s):

George Bavelis v. Ted Doukas

Citation:
19-3051/3052 (6th Circuit, Oct 19,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit vacated the district court's judgment as to damages and remanded for further proceedings, but affirmed in all other respects.
Judge(s):
STRANCH, BUSH, and LARSEN
Tag(s):

Douglas A. Kelley v. Gus Boosalis

Citation:
19-1079 (8th Circuit, Sep 11,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....
Judge(s):
Loken, Benton, Kelly
Tag(s):

Annette Diaz v. Mary Viegelahn

Citation:
19-50982 (5th Circuit, Aug 26,2020) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
Judge(s):
STEWART, CLEMENT, and COSTA
Tag(s):

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