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Home » Reversed and Remanded

USA, ET AL V. ROBERT MACKENZIE

Citation:
23-15825 (9th Circuit, Sep 03,2024) Published
Case Status:
Reversed and Remanded
Ruling:
Avoidance under 11 U.S.C. § 724(a) of the portion of a tax lien for penalties does not alter the priority of the amount of the tax authority's unavoided lien claim against the proceeds of the...
Judge(s):
Susan P. Graber, Roopali H. Desai, and Ana de Alba, Circuit Judges
Tag(s):

Cogan v. Trabucco

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 10 months ago
Citation:
No. 22-16948 (9th Circuit, Aug 21,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a district court erred in dismissing a declaratory judgment action under the Rooker-Feldman doctrine. The appellant--counsel for bankruptcy...
Judge(s):
Smith, Bennett, Collins
Tag(s):

Van Deelen v. Dickson

Citation:
23-20436 (5th Circuit, Aug 20,2024) Published
Case Status:
Reversed and Remanded
Ruling:
When a confirmed Chapter 11 plan includes provisions protecting third parties from certain claims, the bankruptcy court has statutory, core jurisdiction over a complaint against the protected...
Judge(s):
Higginson, Willett, and Oldham, Circuit Judges
Tag(s):

STATE OF MONTANA DEPARTMENT OF REV V TIMOTHY L. BLIXSETH

Citation:
22-60046 (9th Circuit, Aug 14,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court cannot award an involuntary debtor relief under 11 U.S.C. § 303(i) against a State merely because it was a petitioning creditor. First, a State does not waive its Eleventh...
Judge(s):
Rawlinson, Melloy (8th Circuit, sitting by designation), and Thomas
Tag(s):

SHEILA ANN TRANTHAM, Debtor — Appellant, v. STEVEN G. TATE, Trustee — Appellee

  • Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
  • 1 year 10 months ago
Citation:
No. 22-2263 (4th Circuit, Aug 13,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
Tag(s):

BYRON F. DAVID v. DONALD F. KING,

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 1 year 10 months ago
Citation:
23-1856 (4th Circuit, Jul 26,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fourth Circuit held that § 327(a) does not permit former trustees to file post-hoc applications to employ professionals for work done while they were trustees if the case has already been...
Judge(s):
Quattlebaum, Richardson, and Wilkinson
Tag(s):

MONTE MASINGALE, ET AL V. JOHN D.

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 10 months ago
Citation:
22-60050, 22-60053 (9th Circuit, Jul 26,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...
Judge(s):
Gould, Bress, and Koh
Tag(s):

Pub. Emps. Ret. Ass'n of N.M. v. Earley (In re PG&E Corp. Sec. Litig.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 1 month ago
Citation:
No. 22-16711 (9th Circuit, May 03,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a district court abused its discretion in imposing a "docket management" stay on a securities class action lawsuit related to a pending...
Judge(s):
Wallace, Boggs, Forrest
Tag(s):

Elec Reliability Council v. Phillips

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 2 years 1 month ago
Citation:
22-20603 (5th Circuit, Apr 29,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
Judge(s):
Higginbotham, Smith, and Higginson
Tag(s):

Avion Funding v. GFS Industries

Citation:
23-50237 (5th Circuit, Apr 17,2024) Published
Case Status:
Reversed and Remanded
Ruling:
Joining the U.S. Court of Appeals for the Fourth Circuit, and diverging from some bankruptcy courts, including the one below, the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that, in...
Judge(s):
Stuart K. Duncan; Stephen A. Higginson; and Patrick Higginbotham
Tag(s):

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