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Joseph Hill v. Raquel King

Summarizing by J Newman

Randolph Sellers, et all v. Rushmore Loan Management Services

Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

Evan Crocker, et al v. Navient Solutions, L.L.C., (In re Crocker)

Citation:
18-20254 (5th Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
In a perplexing ruling regarding a court's ability to enforce the discharge injunction, the Fifth Circuit ruled that only a court in the district that issued the discharge could enforce the...
Judge(s):
STEWART, SOUTHWICK and ENGELHARDT
Tag(s):

In re Health Care Real Estate Partners

Citation:
18-3267 (3rd Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
Judge(s):
CHAGARES, GREENAWAY, JR., and GREENBERG
Tag(s):

Eliminator Custom Boats, Inc. v. Rosenstein & Hitzeman, AAPLC (In re Eliminator Custom Boats)

Citation:
CC-19-1003-KuFL (9th Circuit, Sep 23,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court could not approve a post-confirmation settlement agreement that modified the terms of the confirmed chapter 11 plan without complying with section 1127(b) or voiding the plan...
Judge(s):
KURTZ, FARIS, and LAFFERTY
Tag(s):

U.S. Department of Agriculture v. J. Michael Hopper (In re Colusa Regional Medical Center)

Citation:
BAP No. EC-18-1266-TaBS (9th Circuit, Sep 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded decision of bankruptcy court (ED Cal.) granting chapter 7 trustee's motion to surcharge encumbered sale proceeds for payment of administrative expenses based...
Judge(s):
Taylor, Brand, Spraker
Tag(s):

Paige Martineau v. Joel Wier

Citation:
18-2294 (4th Circuit, Aug 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
4th Circuit remanded district court’s (D.S.C.) ruling that plaintiff’s claims were barred by lack of standing and judicial estoppel. Article III standing established by distinct injury suffered...
Judge(s):
Harris, Niemeyer, Hollander
Tag(s):

Kenneth Benjamin v. United States of America

Citation:
18-20185 (5th Circuit, Jul 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Judge(s):
Clement, Graves and Oldham
Tag(s):

Cranberry Growers Cooperative v. Patrick Layng

Citation:
No. 1:17-bk-13318-cjf (7th Cir. July 17, 2019) (7th Circuit, Jul 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
Judge(s):
Ripple, Manion, Sykes
Tag(s):

Diamond Enterprises, LTD., LP, v. Michael Younessi (In re Michael Younessi)

Citation:
No. CC-18-1337-FLKu, 2019 WL 3003903 (9th Circuit, Jul 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

SEC, et al v. Stanford International Bank, et a

Citation:
No. 17-10663 (5th Circuit, Jun 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Tag(s):

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