Rick Warren v. Alexander Bednar

• Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
• 2 years 1 month ago

Citation:

United States Bankruptcy Appellate Panel of the Tenth Circuit BAP Nos. WO-20-041; WO-20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...

Judge(s):

The Hons. Romero, Somers, and Parker

Tag(s):

• 10th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Consumer Bankruptcy
• 11 U.S.C. § 362(c)(4)(A)(i); 11 U.S.C. § 1326(a)(2)

Jill Bednar v. Rick Warren

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 1 month ago

Citation:

20-041, 20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...

Judge(s):

Michael E. Romero; Dale L. Somers; and Cathleen D. Parker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Govt. Claims/Sovereign Immunity
• 11 US.C. § 1326
• 11 US.C. § 349(b)
• 11 US.C. § 362(c)(4)(A)

In re Tracey Nubia

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 2 years 1 month ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1194-GKT (9th Circuit, Apr 21,2021) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court’s factual determinations are supported by the record and Tracey Nubia (“Debtor”) has not shown that the court clearly erred in valuing her residence.

Judge(s):

Honorable Gan, Klein and Taylor, Bankruptcy Judges (Hon. Christopher M. Klein sitting by designation)

Tag(s):

• 9th Circuit
• Valuation
• Consumer Bankruptcy
• Consumer Debt
• 506(d)

In re Ravasia

• Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
• 2 years 1 month ago

Citation:

United States Bankruptcy Appellate Panel of the Ninth Circuit No. EW-20-1212-BTL (9th Circuit, Apr 16,2021) Not Published

Case Status:

Affirmed

Ruling:

The BAP affirmed the decision to allow the UST leave to amend the complaint, because the amended complaint related back to the original complaint under FRBP 7015. The additional objection to...

Judge(s):

The Hons. Brand, Taylor, and Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Discharge/Dischargeability
• Rule 4004; Rule 7015
• 11 U.S.C. § 727(a)(4)(A)

In re Anna Stahl

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 2 years 1 month ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. CC-20-1254-SGF (9th Circuit, Apr 07,2021) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not abuse its discretion by relying exclusively on the schedules to calculate chapter 13 Debtor's eligibility. The BAP also rejected Appellant’s argument that the...

Judge(s):

Honorable Spraker, Gan, and Faris, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Claims
• Plan Confirmation
• Consumer Bankruptcy
• Consumer Debt
• Small Business
• 3001(f)
• § 109

In re Frank Joseph Jakubaitis

• Summarized by Michael Myers , Ballard Spahr LLP
• 2 years 1 month ago

Citation:

BAP No. CC-20-1009-GFS (9th Circuit, Apr 07,2021) Not Published

Case Status:

Affirmed

Ruling:

The 9th Circuit BAP affirmed the bankruptcy court's orders striking the debtor's answer as a sanction for failure to comply with the court's order to show cause and entry of a default judgment...

Judge(s):

Gan, Faris, Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. 727

In re Holly Macintyre

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 1 month ago

Citation:

20-1199 (10th Circuit, Apr 01,2021) Not Published

Case Status:

Affirmed

Ruling:

Reviewing the decision of the U.S. Bankruptcy Court for the District of Colorado (BC), the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed its dismissal of a debtor’s adversary...

Judge(s):

Jerome A. Holmes; Carolyn B. McHugh; and Nancy L. Moritz

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Valuation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7012
• 11 U.S.C § 524; 11 U.S.C. § 105

Firefighters' Retmnt, et al v. Citco Grp, et al

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 2 years 2 months ago

Citation:

20-30654 (5th Circuit, Mar 31,2021) Not Published

Case Status:

Affirmed

Ruling:

Pension-plan plaintiffs poured out. Fifth Circuit affirmed District Court's summary judgment for defendant entities that provided administrative and lending services to a now-bankrupt hedge fund. ...

Judge(s):

Owen, Graves, Ho

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Fraud
• Commercial Fraud

In re Rizal Juco Guevarra

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 2 months ago

Citation:

20-1165 (9th Circuit, Mar 29,2021) Not Published

Case Status:

Reversed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) sustaining an exemption objection...

Judge(s):

William J. Lafferty III; Julia W. Brand; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Valuation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 522
• 11 U.S.C. § 105

In re Joshua Neil Harrell

• Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
• 2 years 2 months ago

Citation:

United States Bankruptcy Appellate Panel of the Ninth Circuit No. EC-20-1091-BTL (9th Circuit, Mar 30,2021) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision dismissing the debtor's chapter 7 case for failure to file documents. The BAP noted that the...

Judge(s):

The Hons. Brand, Taylor, and Lafferty

Tag(s):

• 9th Circuit
• Practice and Procedure
• Consumer Bankruptcy

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