In re Douglas Harmon

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 2 days 3 hours ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. ID-20-1168-LSG (9th Circuit, Jul 20,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The BAP held that a standing trustee is entitled to collect the statutory fee under § 586(e) upon receipt of each payment under the Chapter 13 Plan and is not required to disgorge the fee if the...

Judge(s):

Honorable Lafferty, Spraker, and Gan, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Professional Compensation/Fees
• Consumer Bankruptcy
• § 586(e) and § 1326(a)

In re Adam R. Schiller

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 week 4 days ago

Citation:

21-6001 (8th Circuit, Jul 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3002(a); Fed. R. Bankr. P. 3015
• 11 U.S.C § 1225(b)(1); 11 U.S.C § 1225(a)(5); 11 U.S.C § 502(b)(9); 11 U.S.C § 506(a)(1); 11 U.S.C § 548(a)(1)

Bank of New York Mellon v. 732 Hardy Way Trust

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 month 3 days ago

Citation:

19-17048 (9th Circuit, Jun 25,2021) Published

Case Status:

Reversed and Remanded

Ruling:

A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...

Judge(s):

Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Mortgage
• 362(a)

In re Ronald Smith

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 1 month 2 weeks ago

Citation:

20-3150 (6th Circuit, Jun 09,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...

Judge(s):

Gibbons, Kethledge and Murphy; Opinion by Kethledge

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• FRBP 9024; FRCP 60(b)

Rick Warren v. Alexander Bednar

• Summarized by Sarah Tomlinson , U.S. Bankruptcy Court, Eastern District of Missouri
• 3 months 2 days ago

Citation:

United States Bankruptcy Appellate Panel of the Tenth Circuit BAP Nos. WO-20-041; WO-20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...

Judge(s):

The Hons. Romero, Somers, and Parker

Tag(s):

• 10th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Consumer Bankruptcy
• 11 U.S.C. § 362(c)(4)(A)(i); 11 U.S.C. § 1326(a)(2)

Jill Bednar v. Rick Warren

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 2 days ago

Citation:

20-041, 20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...

Judge(s):

Michael E. Romero; Dale L. Somers; and Cathleen D. Parker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Govt. Claims/Sovereign Immunity
• 11 US.C. § 1326
• 11 US.C. § 349(b)
• 11 US.C. § 362(c)(4)(A)

Edwards Family Partnership, et al v. Johnson, et a

• Summarized by Amir Shachmurove , Reed Smith LLP
• 4 months 3 weeks ago

Citation:

20-60728 (5th Circuit, Mar 05,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Fifth Circuit (Circuit) reversed an order of the district court (DC), which had vacated fees awarded by the bankruptcy court (BC) to the counsel of the debtor (DR)...

Judge(s):

Jennifer W. Elrod; Don R. Willett; and Kurt D. Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees
• Fed. R. Bankr. P. 7008
• 11 U.S.C. §§ 327
• 328
• 329
• 330

In re Thomas Reynolds

• Summarized by Hale Lake , Hinshaw & Culbertson LLP
• 5 months 1 week ago

Citation:

19-13537 (11th Circuit, Feb 23,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The doctrine of derivative jurisdiction does not apply to removed cases where the state court lacked personal jurisdiction over the defendants. Under the doctrine, jurisdiction of the federal court...

Judge(s):

Jordan, Lagoa and Brasher

Tag(s):

• 11th Circuit
• Practice and Procedure
• Venue/Jurisdiction

In re: Paul Darren Smith

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 6 months 1 week ago

Citation:

20-8015, 2021 WL 212361 (6th Circuit, Jan 21,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy Court erred in denying motion to extend time to file notice of appeal were Court did not consider Pioneer factors

Judge(s):

Buchanan, Mashburn and Price Smith

Tag(s):

• 6th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• 8002

In re Gateway Radiology Consultants

• Summarized by Sarah Tomlinson , U.S. Bankruptcy Court, Eastern District of Missouri
• 7 months 1 week ago

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):

• 11th Circuit
• Bankruptcy Litigation
• Legislation
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization
• Small Business
• Turnaround Issues
• 28 U.S.C. § 158(d)(2); 11 U.S.C. § 364(b)

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