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In re: DIANN MARIE CATES

Summarizing by Lars Fuller

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Alan Halperin v. Mark Richards

Citation:
20-2793 (7th Circuit, Jul 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
Tag(s):

In re Douglas Harmon

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. ID-20-1168-LSG (9th Circuit, Jul 20,2021) Not Published
Case Status:
Reversed and Remanded
Ruling:
The BAP held that a standing trustee is entitled to collect the statutory fee under § 586(e) upon receipt of each payment under the Chapter 13 Plan and is not required to disgorge the fee if the...
Judge(s):
Honorable Lafferty, Spraker, and Gan, Bankruptcy Judges
Tag(s):

Margaret Kinney v. HSBC Bank USA

Citation:
20-1122 (10th Circuit, Jul 23,2021) Published
Case Status:
Affirmed
Ruling:
A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...
Judge(s):
BACHARACH, EBEL, and EID
Tag(s):

In re Algozine Masonry Restoration, Inc.

Citation:
20-3384 (7th Circuit, Jul 26,2021) Published
Case Status:
Affirmed
Ruling:
The priority cap for employee benefit plan claims in 11 U.S.C. § 507(a)(5) is determined on a plan-by-plan basis, even if the same union is the sponsor for two or more plans. Section 507(a)(5)'s...
Judge(s):
WOOD, ST. EVE, and KIRSCH
Tag(s):

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