Fitzhugh v. Birdsell

• Summarized by Lars Fuller , BakerHostetler
• 1 day 5 hours ago

Citation:

AZ-17-1141-BLKu (9th Circuit, Apr 13,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...

Judge(s):

Brand, Lafferty, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 727

Barnes v. Sea Hawaii Rafting, LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 week 6 days ago

Citation:

No. 16-15023 (9th Circuit, Mar 28,2018) Published

Case Status:

Reversed and Remanded

Ruling:

1. The commencement of a bankruptcy case by the owner of a maritime vessel, and the plaintiff's failure to verify an amended complaint, do not divest the district court of its exclusive in rem...

Judge(s):

Raymond C. Fisher, Richard A. Paez, and Jacqueline H. Nguyen

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Automatic Stay
• Venue/Jurisdiction

Cadwell v. Kaufman, Englett & Lynd, PLLC

• Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
• 3 weeks 10 hours ago

Citation:

17-10810 (11th Circuit, Mar 30,2018) Published

Case Status:

Reversed and Remanded

Ruling:

An attorney violates 11 U.S.C. 526(a)(4) if the attorney instructs a client to pay bankruptcy-related legal fees using a credit card. After going through several ways that 11 U.S.C. 526(a)(4) may...

Judge(s):

Carnes, Newsom, and Siler

Tag(s):

• 11th Circuit
• BAPCPA at 10
• Ethics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. 526

UTSA Apartments, L.L.C. v. UTSA Apartments 8, L.L.C.

• Summarized by Walter Newman , Newman & Newman
• 3 weeks 10 hours ago

Citation:

No. 17-50893 (5th Circuit, Mar 27,2018) Published

Case Status:

Reversed and Remanded

Ruling:

REVERSE the bankruptcy court’s decision to reduce UTSA’s share of the net proceeds and AFFIRM its decision to reduce Woodlark’s proof of claims. REMAND for further proceedings consistent with...

Judge(s):

HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Claims
• Corporate Governance
• 11 U.S.C. 363

Houston Sportsnet Finance, L.L.C. v. Houston Astros, L.L.C (In the Matter of Houston Regional Sports Network, L.P.)

• Summarized by J. Lockridge , Kean Miller LLP
• 3 weeks 7 hours ago

Citation:

15-20497 (5th Circuit, Mar 29,2018) Published

Case Status:

Reversed and Remanded

Ruling:

For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...

Judge(s):

Owen, Wiener, and Prado

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C. 506(b); 11 U.S.C § 1111(b); 11 U.S.C. § 1129(b)

Clark v. AII Acquisition, LLC

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 3 weeks 8 hours ago

Citation:

17-1727-cv (2nd Circuit, Mar 30,2018) Published

Case Status:

Reversed and Remanded

Ruling:

(1) Standard for review of district court's invocation of judicial estoppel doctrine is abuse of discretion. (2) District court abused discretion in dismissing personal injury case on the basis of...

Judge(s):

Jacobs, Calabresi, and Chen

Tag(s):

• 2nd Circuit
• Consumer Bankruptcy

Olson v. Van Meter

• Summarized by Lars Fuller , BakerHostetler
• 1 month 3 weeks ago

Citation:

NV-17-1168-LTiF (9th Circuit, Feb 05,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 9th Cir. reversed and remanded ruling of bankruptcy court (D. Nev.-Reno) dismissing chapter 13 debtor's case sua sponte on ground that debtor's postpetition acceptance of rent from...

Judge(s):

Lafferty, Tighe, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Real Estate
• 11 U.S.C.S. § 1307

DAHLIN v LYONDELL CHEMICAL COMPANY

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 months 3 weeks ago

Citation:

16-3419 (8th Circuit, Jan 26,2018) Published

Case Status:

Reversed and Remanded

Ruling:

In this well-written opinion [author's opinion], the Eighth Circuit concluded that due process requires only that the debtor provide notice to "reasonably ascertainable," not "reasonably...

Judge(s):

SMITH, GRUENDER, BENTON

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure
• Professional Practice Areas
• Mass Torts
• 1005
• 2002(n)
• 101(5)
• 101(12)
• 1141(d)(1)(A)

IN RE: PARR

• Summarized by Michael Cooley , Bryan Cave Leighton Paisner LLP
• 2 months 3 weeks ago

Citation:

BAP No. CO-17-021 (10th Circuit, Jan 26,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

Individuals maintaining an interest in their residence, such as through a self-settled trust, retain an equitable ownership interest that is property of the estate and therefore qualified for the...

Judge(s):

Cornish, Nugent, and Mosier

Tag(s):

• 10th Circuit
• Consumer Debt
• 522(b)(2)

Philadelphia Entertainment & Development Partners, LP v. Commonwealth of Pennsylvania Department of Revenue

• Summarized by Nascine Howell , U.S. Bankruptcy Court, District of New Jersey
• 3 months 1 week ago

Citation:

No. 17-1954 (3rd Circuit, Jan 11,2018) Published

Case Status:

Reversed and Remanded

Ruling:

In this precedential opinion, the Third Circuit Court of Appeals reversed and remanded the case back to the district court for further proceedings. The Third Circuit found, among other things, that...

Judge(s):

Chagares, Restrepo, and Greenberg, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Venue/Jurisdiction
• 11 U.S.C § 544
• 11 U.S.C § 548

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