In re: DIANN MARIE CATES

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 3 months ago

Citation:

18-1355 (10th Circuit, Sep 28,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...

Judge(s):

HOLMES, BRISCOE, and EID

Tag(s):

• 10th Circuit
• Fraudulent Transfers
• Personal Bankruptcy Topics
• § 547

IN RE: W.R. GRACE & CO, et al.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 5 months ago

Citation:

20-2171 (3rd Circuit, Sep 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...

Judge(s):

Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Court Administration
• Creditors' Committee
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Insurance
• Investment Banking
• Mass Torts
• Public Companies and Claims Trading
• SEC Issues
• Turnaround Issues
• 11 U.S.C. § 524(g)
• 11 U.S.C. § 524(g)(4)(A)
• 11 U.S.C. § 524(g)(4)(A)(ii)
• 11 U.S.C. § 524(g)(4)(A)(ii)(IIII)

In re Patow

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 5 months ago

Citation:

BAP No. CC-20-1285-GTL (9th Circuit, Sep 03,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...

Judge(s):

GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 544

In re VeroBLue Farms USA, Inc.

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 6 months ago

Citation:

19-3413, 19-3487 (8th Circuit, Aug 05,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Albeit agreeing with the district court that it (as well as itself) had statutory subject matter jurisdiction, the U.S. Court of Appeals for the Eighth Circuit (Panel) concluded that the district...

Judge(s):

James B. Loken; Steven L. Grasz; and Jonathan A. Kobes

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Court Administration
• Creditors' Committee
• Legislation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 8002

In re Sherrie Nicole-Lockhart Johnson

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 6 months ago

Citation:

20-1161 (9th Circuit, Jul 28,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Presented with a creditor (CR) seeking to avoid the discharge of debt allegedly caused by a nondebtor spouse's fraud, the BAP found that the CR's non-dischargeability complaint had been...

Judge(s):

Scott H. Gan; Christopher M. Klein; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Valuation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Family/Divorce Issues
• Finance and Banking
• Fed. R. Bankr. P. 7012
• 11 U.S.C § 523(a)(2)(A); 11 U.S.C. § 524(a)(3); 11 U.S.C. § 524(b); 11 U.S.C. § 101(7); 11 U.S.C. § 342(a)

Alan Halperin v. Mark Richards

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 6 months ago

Citation:

20-2793 (7th Circuit, Jul 28,2021) Published

Case Status:

Reversed and Remanded

Ruling:

In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...

Judge(s):

Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Ethics
• Financial Advisors
• Fraud
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Insurance
• Labor/Employment
• Public Companies and Claims Trading

In re Douglas Harmon

• Summarized by Joel Newell , Ballard Spahr, LLP
• 4 years 7 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. ID-20-1168-LSG (9th Circuit, Jul 20,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The BAP held that a standing trustee is entitled to collect the statutory fee under § 586(e) upon receipt of each payment under the Chapter 13 Plan and is not required to disgorge the fee if the...

Judge(s):

Honorable Lafferty, Spraker, and Gan, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Professional Compensation/Fees
• Consumer Bankruptcy
• § 586(e) and § 1326(a)

In re Adam R. Schiller

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 7 months ago

Citation:

21-6001 (8th Circuit, Jul 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3002(a); Fed. R. Bankr. P. 3015
• 11 U.S.C § 1225(b)(1); 11 U.S.C § 1225(a)(5); 11 U.S.C § 502(b)(9); 11 U.S.C § 506(a)(1); 11 U.S.C § 548(a)(1)

Bank of New York Mellon v. 732 Hardy Way Trust

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 8 months ago

Citation:

19-17048 (9th Circuit, Jun 25,2021) Published

Case Status:

Reversed and Remanded

Ruling:

A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...

Judge(s):

Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Mortgage
• 362(a)

In re Ronald Smith

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 4 years 8 months ago

Citation:

20-3150 (6th Circuit, Jun 09,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...

Judge(s):

Gibbons, Kethledge and Murphy; Opinion by Kethledge

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• FRBP 9024; FRCP 60(b)

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