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STATE OF MONTANA DEPARTMENT OF REV V TIMOTHY L. BLIXSETH

Citation:
22-60046 (9th Circuit, Aug 14,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court cannot award an involuntary debtor relief under 11 U.S.C. § 303(i) against a State merely because it was a petitioning creditor. First, a State does not waive its Eleventh...
Judge(s):
Rawlinson, Melloy (8th Circuit, sitting by designation), and Thomas
Tag(s):

Rechnitz v. Schmidt

Citation:
23-20386 (5th Circuit, Aug 14,2024) Published
Case Status:
Affirmed
Ruling:
In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...
Judge(s):
Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez
Tag(s):

SHEILA ANN TRANTHAM, Debtor — Appellant, v. STEVEN G. TATE, Trustee — Appellee

  • Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
  • 1 year 7 months ago
Citation:
No. 22-2263 (4th Circuit, Aug 13,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
Tag(s):

Henry Stursberg Plaintiff - Appellant v. Morrison Sund PLLC Defendant

Citation:
23-1186 (8th Circuit, Aug 13,2024) Published
Case Status:
Affirmed
Ruling:
Dismissal of an involuntary bankruptcy petition under the abstention statute, 11 U.S.C. § 305(a), does not deprive the debtor of its rights to seek fees and damages under 11 U.S.C. § 303(i), and...
Judge(s):
SMITH, Chief Judge, LOKEN and COLLOTON
Tag(s):

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