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In re: DIANN MARIE CATES

Summarizing by Lars Fuller

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):

U.S. Department of Education v. Carlos Carrion, Jr. (In re Carrion, Jr.)

Citation:
No. SC-18-1234-FBKu (9th Circuit, May 31,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court misapplied California law. Debtor remained liable for the entire amount of his own educational loan debt even though he agreed to a 50-50 division of the debt with his ex-wife in...
Judge(s):
Faris, Brand, Kurtz
Tag(s):

Ralph Janvey v. GMAG, L.L.C.

Citation:
No. 17-11526, 2019 WL 2240565 (5th Circuit, May 24,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit certified question to Texas Supreme Court: whether UFTA good faith requires a transferee on inquiry notice to conduct an investigation or show such an investigation would have been...
Judge(s):
Stewart, Dennis, Willett
Tag(s):

Houston Bluebonnet, L.L.C. v. JPMorgan Chase Bank

Citation:
18-20462 (5th Circuit, May 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit reversed and remanded ruling of district court (SD Tex.), which affirmed ruling of bankruptcy court determining that creditors satisfied Fifth Circuit's "informal proof of claim"...
Judge(s):
Jolly, Costa, Engelhardt
Tag(s):

TKC Aerospace Inc. v. Charles Muhs (In re Muhs)

Citation:
18-1372 (4th Circuit, May 08,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A judgment against a debtor for violating the Alaska Uniform Trade Secrets Act (the UTSA) for the willful an malicious misappropriation of the judgment creditor’s trade secrets was insufficient...
Judge(s):
MOTZ, KING, and THACKER
Tag(s):

Claimant ID 100081155 v. BP Exploration & Prodn

Citation:
No. 18-30268 (consolidated with 18-30269, 18-30270, 18-30271, 18-30281) (5th Circuit, Apr 18,2019) Published
Case Status:
Reversed and Remanded
Ruling:
In non-bankruptcy case related to BP Deepwater Horizon oil spill claimants, 5th Circuit reversed and remanded ruling of U.S. District Court (E.D. La.)., ruling that district court applied improper...
Judge(s):
Reavley, Elrod, Willett
Tag(s):

Migrant Health Center, Inc. v. Commonwealth of Puerto Rico

Citation:
18-1783 (1st Circuit, Mar 21,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
Judge(s):
Lynch, Thompson and Baron
Tag(s):

Benzeen Inc. v. UST - United States Trustee, Woodland Hills (In re Benzeen Inc.)

Citation:
CC-18-1185-FLS, 2019 WL 1096334 (9th Circuit, Mar 06,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court cannot sua sponte dismiss debtor's chapter 11 case without providing debtor with proper notice prior to dismissing its case or considering the best interests of the estate and...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

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