Home » Reversed and Remanded

Rick Warren v. Alexander Bednar

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court, Eastern District of Missouri
  • 1 week 1 day 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):

Jill Bednar v. Rick Warren

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):

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

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):

In re Thomas Reynolds

  • Summarized by Hale Lake , Hinshaw & Culbertson LLP
  • 2 months 2 weeks 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):

In re Gateway Radiology Consultants

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court, Eastern District of Missouri
  • 4 months 2 weeks 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):

James Quezada, et al v. IRS

  • Summarized by Craig Geno , Craig M. Geno, PLLC
  • 4 months 3 weeks ago
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

  • Summarized by Ryan Richmond , Sternberg, Naccari & White, LLC
  • 6 months 3 days ago
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):

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