In re SSRE HOLDINGS, LLC

• Summarized by Lars Fuller , BakerHostetler
• 1 year 6 months ago

Citation:

BAP No. CC-21-1027-SGF (9th Circuit, Aug 26,2021) Not Published

Case Status:

Reversed

Ruling:

BAP for 9th Circuit reversed ruling of bankruptcy court (CD Cal.) dismissing chapter 11 case. BAP ruled that limited liability operating agreement provided manager with “full, complete, and...

Judge(s):

Spraker, Gan, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Corporate Governance
• Practice and Procedure
• Small Business
• § 1112

In re Khabushani

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 9 months ago

Citation:

20-1243 (9th Circuit, Jun 22,2021) Not Published

Case Status:

Reversed

Ruling:

In this one of two related opinions, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) reversed the decision of the U.S. Bankruptcy Court for the Central District of California (BC) to...

Judge(s):

Laura S. Taylor; Robert J. Faris; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 4001; Fed. R. Bankr. P. 9014
• 11 U.S.C. § 727; 11 U.S.C. § 523(a)(6); 11 U.S.C. § 362(a)(1)
• (2)
• (6)
• (c); 28 U.S.C. § 157; 28 U.S.C. § 1334

Kelli Allen v. Yvette Gonzales, Chapter 7 Trustee

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 9 months ago

Citation:

20-038 (10th Circuit, Jun 07,2021) Not Published

Case Status:

Reversed

Ruling:

The U.S. Bankruptcy appellate Panel of the Tenth Circuit (BAP) reversed the denial of two chapter 7 debtors’ exemption claim, pursuant to section 522 of the Code and New Mexico state law, in the...

Judge(s):

Michael E. Romero; Dale L. Somers; and Cathleen D. Parker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Small Business
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 4003(b)
• 11 U.S.C. § 522

In re Rizal Juco Guevarra

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 11 months ago

Citation:

20-1165 (9th Circuit, Mar 29,2021) Not Published

Case Status:

Reversed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) sustaining an exemption objection...

Judge(s):

William J. Lafferty III; Julia W. Brand; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Valuation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 522
• 11 U.S.C. § 105

In re: Philip Charles DeVries

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 3 months ago

Citation:

20-6011 (8th Circuit, Nov 25,2020) Published

Case Status:

Reversed

Ruling:

As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...

Judge(s):

Barry S. Schermer (Author); Charles L. Nail, Jr.; and Dennis R. Dow

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• Plan Confirmation
• Practice and Procedure
• Discharge/Dischargeability
• Chapter 12/Farm Cases
• Govt. Claims/Sovereign Immunity
• 11 U.S.C. § 553(a); 11 U.S.C. § 1232(a)

In re Wagenknecht and Colbert

• Summarized by Lars Fuller , BakerHostetler
• 2 years 7 months ago

Citation:

19-1206 (10th Circuit, Aug 24,2020) Published

Case Status:

Reversed

Ruling:

Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...

Judge(s):

Briscoe, Ebel, Lucero

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Preferences
• Fed R Bankr P 7056
• 11 U.S.C. § 547

In re Nations First Capital, LLC

• Summarized by David Shemano , ShemanoLaw
• 2 years 9 months ago

Citation:

BAP No. EC-19-1201-GLB (9th Circuit, Jun 05,2020) Not Published

Case Status:

Reversed

Ruling:

The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...

Judge(s):

GAN, LAFFERTY, and BRAND

Tag(s):

• 9th Circuit
• Claims
• Practice and Procedure
• FRBP 9024; FRCP 60(b)
• 11 U.S.C § 502(j)

Carl Coslow v. William Reisz

• Summarized by Thomas DeCarlo ,
• 2 years 10 months ago

Citation:

Case No. 19-6200, 2020 WL 2317493 (6th Circuit, May 11,2020) Published

Case Status:

Reversed

Ruling:

Whether property has value to estate determined at time of proposed abandonment. Although property had no equity as of petition date, Debtor's later motion to compel abandonment denied where...

Judge(s):

Moore, McKeague and Readler

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• 554

In re Dean Boland

• Summarized by Jason Stitt , Keating Muething & Klekamp PLL
• 3 years 2 months ago

Citation:

Nos. 19-3205/3211 (6th Circuit, Jan 03,2020) Published

Case Status:

Reversed

Ruling:

Court of Appeals for the Sixth Circuit reserved decision of Bankruptcy Court for the Northern District of Ohio, which discharged debt related to civil judgment for willful and malicious injury...

Judge(s):

McKEAGUE, BUSH, and NALBANDIAN, Circuit Judges

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(6)

In re Richard Black

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 2 months ago

Citation:

BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published

Case Status:

Reversed

Ruling:

1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...

Judge(s):

FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 541(a)(6)
• 1306
• 1327

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