Home » Reversed and Remanded

Douglas A. Kelley v. Gus Boosalis

  • Summarized by Lars Fuller , BakerHostetler
  • 1 week 6 days ago
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):

Wiener Weiss & Madison, et al v. Leslie Fox

  • Summarized by J Newman , Newman & Newman
  • 1 month 2 days ago
Citation:
19-30688 (5th Circuit, Aug 21,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Madison and Kantrow, Spaht, Weaver & Blitzer (the Firms) sued Leslie Fox to enforce the terms of the parties’ contingency fee agreement. Fox argued that the agreement was unenforceable because,...
Judge(s):
Barksdale, Haynes, and Willett
Tag(s):

In re David and Terry Stewart

  • Summarized by Lars Fuller , BakerHostetler
  • 1 month 1 week ago
Citation:
Nos. 19-6103 & 19-6104 (10th Circuit, Aug 14,2020) Published
Case Status:
Reversed and Remanded
Ruling:
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
Judge(s):
Hartz, Baldock, Eid
Tag(s):

In re Fansteel Foundry Corporation

Citation:
20-6005 (8th Circuit, Aug 07,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
Tag(s):

GPIF Aspen Club LLC v. The Aspen Club & Spa, LLC

Citation:
BAP No. CO-19-043 (10th Circuit, Jul 24,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

Ky. Employees Retirement Sys. v. Seven Counties Servs., Inc.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 2 months 1 week ago
Citation:
16-5569/5644 (6th Circuit, Jul 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
Judge(s):
Cole, McKeague, Stranche
Tag(s):

Freddie Brown v. Mary Viegelahn

  • Summarized by Craig Geno , Craig M. Geno, PLLC
  • 3 months 2 weeks 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
  • 3 months 4 weeks 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):

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