Kenneth Benjamin v. United States of America

Citation:
18-20185 (5th Circuit, Jul 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Judge(s):
Clement, Graves and Oldham
Tag(s):

Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

Citation:
No. 18-2098 (2nd Circuit, Jul 25,2019) Published
Case Status:
Affirmed
Ruling:
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
Judge(s):
Calabresi, Lynch and Lohier, Circuit Judges
Tag(s):

Gilman v. Tammy R. Phillips (In re Gilman)

Citation:
No. CC-18-1066-TaLS, 2019 WL 3074607 (9th Circuit, Jul 12,2019) Published
Case Status:
Affirmed
Ruling:
When a creditor voluntarily files a CCP § 685.080 motion with the bankruptcy court for an award of postpetition attorneys' fees, § 108(c) does not toll the two-year limitation in CCP § 685.080.
Judge(s):
Taylor, Lafferty, Spraker
Tag(s):

Diamond Enterprises, LTD., LP, v. Michael Younessi (In re Michael Younessi)

Citation:
No. CC-18-1337-FLKu, 2019 WL 3003903 (9th Circuit, Jul 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

Audrey Dick v. Colorado Housing Ent, L.L.C., et al

Citation:
18-10900 (5th Circuit, Jul 05,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
Judge(s):
Owen, Southwick, Higginson
Tag(s):

Hurley v. Accesslex Institute (In re Hurley)

Citation:
BAP No. WW-18-1259-BKuF (9th Circuit, Jun 26,2019) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Court did not err in finding that the debtor was unable to establish good faith under the Brunner test for the discharge of student debt because of the debtor's criminal conduct that...
Judge(s):
Brand, Kurtz and Faris
Tag(s):

Yerian v. Webber (In re: Verian)

Citation:
18-10944 (11th Circuit, Jun 26,2019) Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit affirmed the district court's order upholding the bankruptcy court's decision to deny a claim of exemption under section 222.21, Florida Statutes, by a chapter 7 debtor with...
Judge(s):
Marcus, Grant, and Hull, Circuit Judges
Tag(s):

Pino v. Jensen (In re Jensen)

Citation:
No. CO-18-089, 2019 WL 2403105 (10th Circuit, Jun 07,2019) Not Published
Case Status:
Affirmed
Ruling:
Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and...
Judge(s):
Nugent, Cornish, Hall
Tag(s):

SE Property Holdings, LLC v. David Stewart (In re- Stewart)

Citation:
WO-18-068 (10th Circuit, Jun 04,2019) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion by imposing a $25,000 saction against an attorney for failure to disclose compensation received as required by 11 USC 329 and Fed. R. Bankr. P....
Judge(s):
Somers, Mosier, and Marker
Tag(s):

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