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AE OPCO III, LLC, et al v. AAR CORP

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First American Title Insurance v. Michael Smith

Citation:
BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
Case Status:
Affirmed
Ruling:
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

In re Medina

Citation:
BAP No. SC-19-1299-FSG (9th Circuit, Aug 14,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Judge(s):
FARIS, SPRAKER, and GAN, Bankruptcy Judges
Tag(s):

In re David and Terry Stewart

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 8 months ago
Citation:
Nos. 19-6103 & 19-6104 (10th Circuit, Aug 14,2020) Published
Case Status:
Reversed and Remanded
Ruling:
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
Judge(s):
Hartz, Baldock, Eid
Tag(s):

In re Donald and Jane Nichols

Citation:
BAP No. AZ-20-1032-TaLB (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
Judge(s):
TAYLOR, LAFFERTY, and BRAND, Bankruptcy Judges
Tag(s):

In re Edwin Earl Elliott

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 5 years 8 months ago
Citation:
Ninth Circuit Court of Appeals Case No. 18-17421 (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
Judge(s):
Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
Tag(s):

SE Property Holdings, L.L.C. v. Jeffrey Green, et al

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 8 months ago
Citation:
No. 19-30325 (5th Circuit, Aug 03,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...
Judge(s):
Dennis, Graves, Willett
Tag(s):

Bobka v. Toyota Motor Credit Corporation

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 5 years 8 months ago
Citation:
No. 18-55688 (9th Circuit, Aug 03,2020) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit held that an individual Chapter 7 debtor can assume an automobile lease under Section 365(p) without reaffirming the debt, and further held that the lease assumption is binding on...
Judge(s):
Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Eric N. Vitaliano,* District Judge.
Tag(s):

In re Jeffrey Rockwell

Citation:
19-2074 (1st Circuit, Jul 30,2020) Published
Case Status:
Affirmed
Ruling:
Upon conversion to chapter 7, the homestead exemption claimed on the original chapter 13 case, maintains the status it held on the day of the filing of the bankruptcy petition.
Judge(s):
Thompson, Lipez, and Kayatta
Tag(s):

In re Henry Voss III

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 5 years 8 months ago
Citation:
Ninth Circuit BAP No. ID-20-1053-SGF (9th Circuit, Jul 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's ruling that Debtor's former spouse's attorneys' fees incurred in the pre-petition family law litigation were non-dischargeable as a...
Judge(s):
Bankruptcy Judge(s) Spraker, Gan, and Faris.
Tag(s):

In re Franklin Harris, Jr.

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 5 years 9 months ago
Citation:
No. 19-4081; File Name: 20a0219p.06 (6th Circuit, Jul 17,2020) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed the district court's holding that the bankruptcy court did not abuse its discretion when it decided to abstain from hearing an adversary proceeding brought by the Chapter 13...
Judge(s):
Cole (Chief Judge), Guy and Bush, Circuit Judges.
Tag(s):

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