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Carroll v. Abide (In the Matter of Carroll)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 8 years 11 months ago
Citation:
16-30996 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...
Judge(s):
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
Tag(s):

Galaz v. Galaz (In re Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 11 months ago
Citation:
15-51194 (5th Circuit, Mar 10,2017) Published
Case Status:
Affirmed
Ruling:
The district court did not err by (1) referring "non-core" fraudulent transfer claims to the bankruptcy court for proposed findings of fact and conclusions of law, and (2) adopting such findings...
Judge(s):
Clement, Smith, Southwick (opinion by Clement)
Tag(s):

Javehery v. Javeheri-Leitner (In re Javehery)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP No. CC-16-1195-CTaF (9th Circuit, Mar 14,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
Judge(s):
Clement, Taylor, Faris
Tag(s):

Charnetsky v. Buenviaje (In re Buenviaje)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP No. CC-16-1347-TaFC (9th Circuit, Mar 10,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.) on other grounds, agreeing that funds in a bank account exclusively derived from social security payments were...
Judge(s):
Taylor, Faris, Clement
Tag(s):

In re John Doe

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 8 years 12 months ago
Citation:
16-1681 (3rd Circuit, Mar 09,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court affirmed district court's denial of appellant's request for relief under Rule 59(e), but vacated and remanded to district court to determine whether appellant's Rule 60(b) request was...
Judge(s):
Fisher, Vanaskie, and Krause
Tag(s):

Stein v. Stubbs (In re Stubbs)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 8 years 12 months ago
Citation:
File Name: 17b0003p.06; Case Nos. 16-8025/8027 (6th Circuit, Mar 09,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's orders denying the Chapter 7 Trustee's motion for default judgment, dismissing the adversary proceeding and vacating...
Judge(s):
Humphrey, Opperman and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

Colby v. Milholland

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Robinson v. Worley

  • Summarized by Brett Weiss , The Weiss Law Group, LLC
  • 9 years 3 days ago
Citation:
15-2346 (4th Circuit, Feb 28,2017) Published
Case Status:
Affirmed
Ruling:
In his Chapter 7, Worley, a sophisticated investor, used a low value for his interest in a real estate venture. The bankruptcy court found that he intentionally lowballed the value and denied his...
Judge(s):
J. Harvie Wilkinson, III, Paul V. Niemeyer, and Barbara Milano Keenan
Tag(s):

Worley v. Magers (In re Robinson)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 3 days ago
Citation:
15-2346 (4th Circuit, Feb 28,2017) Published
Case Status:
Affirmed
Ruling:
When a valuation model or estimate falls outside the realm of common sense, denial of a discharge for making a false oath under 11 U.S.C. § 727(a)(4) is appropriate. This is particularly so when...
Judge(s):
Wilkinson, Niemeyer, Keenan (Wilkinson)
Tag(s):

Metropolitan Government of Nashville & Davidson County v. Hildebrand, III (In re Corrin)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 1 week ago
Citation:
16-5717/5719 (6th Circuit, Feb 23,2017) Published
Case Status:
Affirmed
Ruling:
A state law targeted at bankruptcy proceedings and not a law of general applicability is not “applicable non-bankruptcy law” when calculating interest on an over-secured tax claim under 11...
Judge(s):
Merritt, Moore, Stranch (Stranch)
Tag(s):

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