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Adler v. Energy Debt Holdings

Summarizing by Danielle Scott

In re John Doe

Citation:
16-1681 (3rd Circuit, Mar 09,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court affirmed district court's denial of appellant's request for relief under Rule 59(e), but vacated and remanded to district court to determine whether appellant's Rule 60(b) request was...
Judge(s):
Fisher, Vanaskie, and Krause
Tag(s):

Buchwald v. The Renco Group, Inc. (In re Magnesium Corp. of Am.)

Citation:
15-2691-bk; 15-2962-bk; 15-2971-bk (2nd Circuit, Mar 08,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirmance of trial court decisions allowing jury trial, various trial rulings, and denial of new-trial motion based on compromise verdict. The cross appeal by Plaintiff on the claim that the...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., Christopher F. Droney
Tag(s):

Colby v. Milholland

Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Liberty Bank, F.S.B. v. D.J. Christie, Inc.

Citation:
16-3230 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
Reviewing the bankruptcy court's approval of the settlement independently, applying de novo review to legal determinations and reviewing factual findings for clear error, the 10th Circuit affirmed....
Judge(s):
Phillips, McHugh, and Moritz, Circuit Judges
Tag(s):

Maria Vista Estates v. Mi Nipomo, LLC

Citation:
CC-16-1111-TaLN (9th Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's ruling that debtor could not pursue fraud claim and that fraud claim did not survive a court-approved settlement affirmed.
Judge(s):
Taylor, Lafferty, Novack
Tag(s):

Above-All Transportation, Inc. v. Fraher

Citation:
BAP NO. MB 16-026 (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Panel Affirms the bankruptcy court's ruling in favor of Shannon Fraher on the count brought under 1 U.S.C. 523(a)(2)(A).
Judge(s):
Deasy, Tester and Finkle
Tag(s):

Terrell v. IRS (In re Terrell)

Citation:
WO-16-007 (10th Circuit, Feb 17,2017) Not Published
Case Status:
Affirmed
Ruling:
A debtor who has been criminally convicted for tax-related crimes may be collaterally estopped from discharging his tax debt in bankruptcy for the subject years if these elements are met: (1) the...
Judge(s):
NUGENT, ROMERO, MOSIER (Romero)
Tag(s):

Kim v. Wolkowitz (In re Kim)

Citation:
BAP No. CC-16-11130TaLN (9th Circuit, Feb 15,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
Judge(s):
Honorable TAYLOR, LAFFERTY, and NOVACK.
Tag(s):

Schwab Industries, Inc. v. Huntington National Bank

Citation:
16-3790 (6th Circuit, Feb 13,2017) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the District Court's dismissal of Schwab's appeal as untimely where the notice of appeal was filed two days after the statutory deadline for a bankruptcy appeal expired.
Judge(s):
Boggs, Siler and Donald, opinion by Siler
Tag(s):

Credit One Corpv. Naoom ( In re Naoom)

Citation:
BAP NO. SC-16-1066, Bk. No. 15-02484-LT7 (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirms the Bankruptcy Court's determination on the value of the property at $600,000 and partially avoided Credit One's lien pursuant to section 522(f)(1) of the Bankruptcy Code.
Judge(s):
Jury, Faris, and Yun
Tag(s):

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