Gustavia Home, LLC v. Rutty

Citation:
17-345 (2nd Circuit, Dec 21,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
In a summary order, the Second Circuit Court of Appeals vacated the district court’s February 1, 2017 judgment, and remanded for further proceedings. The Second Circuit held that summary judgment...
Judge(s):
The Honorable Guido Calabresi; The Honorable Richard C. Wesley; and The Honorable Denny Chin
Tag(s):

Title Max v. Northington (In re Northington

Citation:
16-17468 (11th Circuit, Dec 11,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
Tag(s):

IN RE: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, AS REPRESENTATIVE FOR THE COMMONWEALTH OF PUERTO RICO

Citation:
17-1831 (1st Circuit, Sep 22,2017) Published
Case Status:
Reversed and Remanded
Ruling:
District Court abused its discretion in denying intervention
Judge(s):
Howard (C.J. and author); Torruella and Kayatata
Tag(s):

SLATER V U.S. STEEL CORPORATION

Citation:
2:09-cv-01732-KOB (11th Circuit, Sep 18,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The Eleventh Circuit revisited its application of the doctrine of equitable estoppel in instances where a debtor fails to disclose claims in connection with a bankruptcy case. Departing from its...
Judge(s):
Ed Carnes, Chief Judge, Tjoflat, Marcus, Wilson, William Pryor, Martin, Jordan, Rosenbaum, Julie Carnes, and Jill Pryor, Circuit Judges
Tag(s):

Hawk v. Engelhart (In the Matter of Hawk)

Citation:
16-20641 (5th Circuit, Sep 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
Judge(s):
Stewart, Wiener, and Prado
Tag(s):

In re World Imports, Ltd., et al.

Citation:
16-1357 (3rd Circuit, Jul 10,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Based on (I) the ordinary, dictionary meaning of the word, "received", (II) the context of section 503(b)(9) being an exemption to the general bankruptcy reclamation scheme established by section...
Judge(s):
HARDIMAN, KRAUSE, Circuit Judges, and STENGEL, District Judge from the Eastern District of Pennsylvania
Tag(s):

Rogerson v. Shaw (In re Shaw)

Citation:
NC-15-1406-BSKu (9th Circuit, Jun 27,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court erred by finding creditor in contempt for willfully violating debtor's discharge injunction without making any finding as to whether creditor knew the discharge injunction...
Judge(s):
Brand, Spraker, Kurtz
Tag(s):

Home Care Providers, Inc., et al v. Hemmelgarn

Citation:
16-2054, 16-3668, 16-3669 (7th Circuit, Jun 27,2017) Published
Case Status:
Reversed and Remanded
Ruling:
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
Judge(s):
BAUER, FLAUM, KANNE
Tag(s):

PRLP 2011 Holdings LLC v. Manuel Media Villa, Inc.

Citation:
BAP NOS. PR 16-053, PR 16-056. Bank. Case No. 13-02800-MCF (1st Circuit, Jun 16,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court made erroneous factual findings and committed a legal error with respect to the threshold issue of whether there was a valid, binding, and enforceable settlement agreement...
Judge(s):
Feeney, Finkle and Fagon
Tag(s):

Weil v. Elliott

Citation:
16-55359 (9th Circuit, Jun 14,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Judge(s):
WALLACE, CHRISTEN, WATFORD
Tag(s):

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