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Evolve Fed Crdt Un v. Barragan-Flores

Summarizing by Amir Shachmurove

Su v. Wilmington Trust

Citation:
20-20337 (5th Circuit, Jan 13,2020) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed District Court (SD Tx.) denial of Rule 60(b)(6) motion to set aside judgment. Appellant did not seek relief under Rule 60(b)(1) for attorney's failure to appear at hearing; Rule...
Judge(s):
Haynes, Duncan, Engelhardt
Tag(s):

Dennis Black v. Pension Benefit Guaranty Corp.

Citation:
19-1419 (6th Circuit, Dec 28,2020) Published
Case Status:
Affirmed
Ruling:
Affirming the lower court’s grant of summary judgment to the Pension Benefit Guaranty Corp. (PBGC), the U.S. Court of Appeals for the Sixth Circuit (Circuit) held that the termination of a...
Judge(s):
Eugene E. Siler Jr.; Julia S. Gibbons; and John B. Nalbandian
Tag(s):

In re Gateway Radiology Consultants

Citation:
United States Court of Appeals for the Eleventh Circuit No. 20-13462 (11th Circuit, Dec 22,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals vacated the bankruptcy court's approval of Gateway Radiology Consultants' (Debtor) motion to incur indebtedness, because the COA concluded that the Small Business...
Judge(s):
The Hons. Rosenbaum, Anderson, and Carnes
Tag(s):

Flat Stone Development Co., et al v. Jay Cohen pub

Citation:
19-20152 (5th Circuit, Dec 15,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A state court that granted summary judgment improperly excluded evidence that would be sufficient to change the outcome of the summary judgment motion. The state court's evidentiary rulings are...
Judge(s):
Graves, Costa, and Engelhardt
Tag(s):

In re Mensonides Dairy LLC

Citation:
20-1105 (9th Circuit, Dec 10,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) that the debtors had not defaulted under...
Judge(s):
Julia W. Brand; Scott H. Gan; and Robert J. Faris
Tag(s):

James Quezada, et al v. IRS

Citation:
19-51000 (5th Circuit, Dec 11,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Taxpayer/Debtor filed IRS forms 1040 and 1099 which contained data sufficient to show the taxpayer was liable for certain backup-withholding taxes. Those forms constituted a "return" that began the...
Judge(s):
Jolly, Jones and Willet
Tag(s):

Craig Jalbert v. Wessel G m b H

Citation:
19-31009 (5th Circuit, Dec 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Fifth Circuit (Circuit) affirmed the denial by the United States Bankruptcy Court for the Western District of Louisiana (BC), previously affirmed by the...
Judge(s):
Patrick E. Higginbotham; Jennifer W. Elrod; and Catharina Haynes
Tag(s):

In re William Harold Thomas

Citation:
20-8002 (6th Circuit, Nov 23,2020) Not Published
Case Status:
Affirmed
Ruling:
A panel of the Bankruptcy Appellate Panel for the Sixth Circuit (BAP or Panel) affirmed, "solely" on procedural grounds, the decision of the United States Bankruptcy Court for the Western District...
Judge(s):
Beth A. Buchanan; Randall S. Mashburn; Jessica E. Price Smith
Tag(s):

In re: Philip Charles DeVries,

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.; Dennis R. Dow
Tag(s):

In re Glenview Health Care Facility, Inc.

Citation:
19-8028 (6th Circuit, Nov 06,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court erred by disqualifying proposed counsel for a creditors' committee based on the court's conclusion that the law firm's prior representation of a 50% shareholder of the debtor...
Judge(s):
BUCHANAN, DALES, and MASHBURN
Tag(s):

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