Home » Reversed

Umpqua Bank v. Carolyn Burke (In re Burke)

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 3 years 3 months ago
Citation:
BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published
Case Status:
Reversed
Ruling:
Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...
Judge(s):
Spraker, Taylor, Brand
Tag(s):

Zito v. Douglass Enterprises, LLC (In re Zito)

  • Summarized by Samuel Henninger , Waller Lansden Dortch & Davis, LLP
  • 3 years 7 months ago
Citation:
AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published
Case Status:
Reversed
Ruling:
Creditor was not entitled to attorney's fees before prevailing in the state court litigation.
Judge(s):
Brand, Faris, Lafferty
Tag(s):

Serap v. Idnani (In re Serap)

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 10 months ago
Citation:
BAP No. NV-18-1077-BKuTa (9th Circuit, May 02,2019) Not Published
Case Status:
Reversed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy (D. Nev.) in 2-1 split, concluding Nevada's "one-action rule" renders a creditor's deed of trust void if, prior to the completion of the...
Judge(s):
Brand, Kurtz, Taylor
Tag(s):

City of Chicago v. Marilyn O. Marshall (In re Steenes)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 4 years 1 week ago
Citation:
Nos. 17-3630, 17-3663 & 17-3664 (7th Circuit, Mar 14,2019) Published
Case Status:
Reversed
Ruling:
Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
Judge(s):
Easterbrook, Rovner, and Hamilton
Tag(s):

Miller v. Gilliam & Rodriguez (In re Miller)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 4 years 2 weeks ago
Citation:
BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published
Case Status:
Reversed
Ruling:
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
Judge(s):
Spaker, Faris, and Lafferty
Tag(s):

Doe v. Boland (In re: Boland)

  • Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
  • 4 years 1 month ago
Citation:
17-8019 (6th Circuit, Feb 13,2019) Published
Case Status:
Reversed
Ruling:
The Sixth Circuit BAP reversed the bankruptcy court's ruling (N.D. Ohio) that a civil judgment was dischargeable under 11 U.S.C. § 523(a)(6). The BAP agreed that collateral estoppel was...
Judge(s):
Humphrey, Buchanan, Dales
Tag(s):

THE BANK OF NEW YORK MELLON v. LANE

Citation:
NC-16-1405-BSTa (9th Circuit, Sep 19,2018) Published
Case Status:
Reversed
Ruling:
The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
Judge(s):
BRAND, SPRAKER and TAYLOR, Bankruptcy Judges
Tag(s):

Silva v. Pro Transport, Inc.

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 4 years 7 months ago
Citation:
17-12744 (11th Circuit, Aug 10,2018) Published
Case Status:
Reversed
Ruling:
Eleventh Circuit reversed sanctions imposed by district court on attorneys for prosecuting claims that their client failed to disclose as assets in his bankruptcy case. Applying its 2017 ruling in...
Judge(s):
W Pryor, J Pryor Anderson
Tag(s):

Lowe v. Deberry, et al.

Citation:
17-50315 (5th Circuit, Mar 07,2018) Published
Case Status:
Reversed
Ruling:
The proceeds from the post-petition sale of a house that was exempt on the petition date are likewise exempt and cannot be recovered by the debtor's trustee. The six month reinvestment safe harbor...
Judge(s):
HIGGINBOTHAM, SOUTHWICK, COSTA
Tag(s):

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