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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Bradley Pearce

Panther Petroleum, LLC v. Couch

Citation:
2017 WL 444644 (6th Circuit, Feb 02,2017) Published
Case Status:
Affirmed
Ruling:
State Court Default Judgment based on defendant's failure to appear and participate entitled to collateral estoppel effect in later action to except debt from discharge under Sections 523(a)(2) and...
Judge(s):
Opperman, Harrison & Preston
Tag(s):

Zenovic v. Crump (In re Zenovic)

Citation:
BAP No. SC-15-1204-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a nondischargeability action, the BAP for the 9th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (SD Cal.). The BAP found that the BAP properly applied...
Judge(s):
Faris, Yun, Jury
Tag(s):

Guthrie v. Stadtmueller (In re Guthrie)

Citation:
SC-15-1390-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order sustaining chapter 7 trustee's objection to debtor's claimed homestead exemption affirmed.
Judge(s):
Faris, Yun, Jury
Tag(s):

In re Kempff (Appeal of Farley)

Citation:
15-3200 (7th Circuit, Jan 30,2017) Published
Case Status:
Affirmed
Ruling:
To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...
Judge(s):
Wood, Sykes, Hamilton (Sykes)
Tag(s):

Ivey v. First Citizens Bank & Trust Co. (In re Whitley)

Citation:
15-2209 (4th Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
Judge(s):
Gregory, Wynn, Davis
Tag(s):

Mack v. ResCap Borrower Claims Trust

Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action. 2, Proof of claim for debtor's failure to timely respond under RESPA was...
Judge(s):
Winter, Cabranes, Lynch
Tag(s):

Mooney v. Webster (in re Mooney)

Citation:
No. 15-11229 (11th Circuit, Jan 28,2017) Published
Case Status:
Affirmed
Ruling:
Debtor's health savings account (HSA) was not exempt property pursuant to Section 522 and Georgia's state exemptions which exempt “disability, illness, or unemployment benefit,” and any...
Judge(s):
Hull, Pryor and Conway (D.J.)
Tag(s):

Levin v. Carlton (In re Carlton)

Citation:
BAP No. CO-15-044 (10th Circuit, Jan 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Although the Court addressed multiple procedural and substantive issues in the opinion, it principally held that the mere recitation of procedural rules and requirements is insufficient to warrant...
Judge(s):
Nugent, Somers, and Hall.
Tag(s):

McDermott v. Crabtree (In re Crabtree)

Citation:
16-6028 (8th Circuit, Jan 24,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The 8th Circuit concluded that the bankruptcy court misapplied § 522(o) by reducing the debtors' homestead exemption by the value of the nonexempt assets converted into the homestead, rather than...
Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Patrick v. CitiMortgage, Inc.

Citation:
Case No. 16-3436 (6th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
Lender is not liable to borrower, under general tort / contract principles or pursuant to Home Affordable Modification Program (HAMP) regulations, for payment of duplicative insurance premiums from...
Judge(s):
Merritt, Clay and Donald
Tag(s):

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