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Summarizing by Bradley Pearce

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Phillips v. Gilman

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 7 years 10 months ago
Citation:
16-55436 (9th Circuit, Apr 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court had jurisdiction over the district court’s order affirming the grant of a homestead exemption. The bankruptcy court erred because it did not determine whether the debtor intended to...
Judge(s):
Michael Daly Hawkins, Barrington D. Parker, Jr., and Sandra S. Ikuta
Tag(s):

Johnson v. W3 Investment Partners, LP

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 10 months ago
Citation:
BAP No. SC-17-1194-LBF (9th Circuit, Apr 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed summary judgment entered by bankruptcy court (SD Cal.) on 523(a)(2)(A) claim. Bankruptcy court properly gave preclusive effect to prepetition stipulated judgment. BAP...
Judge(s):
Lafferty, Brand, Faris
Tag(s):

Fitzhugh v. Birdsell

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 10 months ago
Citation:
AZ-17-1141-BLKu (9th Circuit, Apr 13,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...
Judge(s):
Brand, Lafferty, Kurtz
Tag(s):

Sprague v. Williams (In re van Winkle)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 10 months ago
Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Murtaza v. Slaten (in re Murtaza)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 10 months ago
Citation:
BAP No. CC-17-1153-SKuTa (9th Circuit, Apr 02,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Romeo v. Maney

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 7 years 11 months ago
Citation:
AZ-17-1215-BLKu (9th Circuit, Mar 23,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A bankruptcy court may authorize a Chapter 13 trustee to have access to a debtor's federal, but state, post-petition income tax returns so that the trustee can satisfy his or her statutory duties,...
Judge(s):
BRAND, LAFFERTY and KURTZ, Bankruptcy Judges
Tag(s):

Cadwell v. Kaufman, Englett & Lynd, PLLC

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 7 years 11 months ago
Citation:
17-10810 (11th Circuit, Mar 30,2018) Published
Case Status:
Reversed and Remanded
Ruling:
An attorney violates 11 U.S.C. 526(a)(4) if the attorney instructs a client to pay bankruptcy-related legal fees using a credit card. After going through several ways that 11 U.S.C. 526(a)(4) may...
Judge(s):
Carnes, Newsom, and Siler
Tag(s):

Marshall v. Blake

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 7 years 11 months ago
Citation:
17-2809 (7th Circuit, Mar 22,2018) Published
Case Status:
Affirmed
Ruling:
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Judge(s):
Flaum, Bauer, and Manion
Tag(s):

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