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OHI Asset (VA) Martinsville SNF, LLC v. Wagner (In re Wagner)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 4 months 1 day ago
Citation:
No. 22-13642 (11th Circuit, Sep 11,2024) Published
Case Status:
Reversed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court, held a bankruptcy court correctly rejected a request to bar a debtor's discharge for making a knowing and fraudulent...
Judge(s):
JORDAN, BRASHER, and ABUDU
Tag(s):

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 4 months 5 days ago
Citation:
23-60005 (9th Circuit, Sep 09,2024) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
Judge(s):
Bea, Hamilton, and Christen
Tag(s):

Douglas Kelley v. BMO Harris Bank N.A.

  • Summarized by Jaden Banks , Nyemaster Goode P.C.
  • 4 months 5 days ago
Citation:
23-2632 (8th Circuit, Sep 12,2024) Published
Case Status:
Reversed and Rendered
Ruling:
Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...
Judge(s):
COLLOTON, BENTON, and SHEPHERD
Tag(s):

Wells Fargo Bank V The Hertz Corporation, et al.

Citation:
23-1169 (3rd Circuit, Sep 10,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Regardless of how they are defined or computed under the applicable contracts, make-whole fees are interest and subject to disallowance under 11 U.S.C. § 502(b)(2). However, a debtor cannot...
Judge(s):
KRAUSE, PORTER, and AMBRO, Circuit Judges
Tag(s):

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