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Maria Nino v. Flagstar Bank, FSB (In re Nino)

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 1 year 5 months ago
Citation:
Case No. 18-1503;File Name: 19a0107n.06 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit upheld District Court's order dismissing consumer's complaint as follows: (i) under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as it did not apply to the defendant...
Judge(s):
Clay, McKeague and White, Circuit Judges
Tag(s):

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 1 year 5 months ago
Citation:
18-5378/5386 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Tag(s):

Adkins v Wentz & Wentz (In re Adkins)

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 5 months ago
Citation:
BAP No. NV-18-1204-KuTaB (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...
Judge(s):
Kurtz, Taylor, Brand
Tag(s):

Badea v. Schwartzer (In re Badea)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 1 year 5 months ago
Citation:
BAP No. NV-18-1183-BKuTa (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Ninth Circuit BAP affirmed bankruptcy court order sanctioning chapter 7 debtor for suing chapter 7 trustee, without bankruptcy court approval, based upon the Barton doctrine, but reversed and...
Judge(s):
Brand, Kurtz, and Taylor
Tag(s):

Glaser and Khomyakova v. Krohn (In re Glaser and Khomyakov)

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 5 months ago
Citation:
BAP No. NV-18-1175-KuTaB (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Nev.) denying chapter 7 trustee's motion for (1) determination that malpractice cause of action of debtors against their bankruptcy...
Judge(s):
Kurtz, Taylor, Brand
Tag(s):

Holly MacIntyre v. JP Morgan Chase Bank, N.A. (In re Macintyre)

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 5 months ago
Citation:
BAP No. CO-18-085 (10th Circuit, Mar 05,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
Judge(s):
Cornish, Jacobvitz, Mosier
Tag(s):

Marshall v. McCarty (In re: Marshall)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 1 year 5 months ago
Citation:
18-6024 (8th Circuit, Feb 28,2019) Not Published
Case Status:
Affirmed
Ruling:
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Judge(s):
Saladino, Nail, and Dow
Tag(s):

Free v. Winborne (In re: Free)

  • Summarized by J Newman , Newman & Newman
  • 1 year 5 months ago
Citation:
18-31011 (5th Circuit, Feb 18,2019) Not Published
Case Status:
Affirmed
Ruling:
As the bankruptcy court held, Free’s retention of Turkey Creek Appraisal’s profits after James Winborne’s death was intentional, willful, and malicious. Miller v. J.B. Abrams, Inc. (In re...
Judge(s):
KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
Tag(s):

Madatian v. Goldman (In re Madatian)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 1 year 5 months ago
Citation:
18-1166 (9th Circuit, Feb 11,2019) Not Published
Case Status:
Affirmed
Ruling:
Chapter 7 Trustee was entitled to turnover of debtor’s residential property, and could evict debtor from the property, under § 542(a) inasmuch as “there[] [was] ample evidence demonstrating...
Judge(s):
Faris, Kurtz, and Taylor
Tag(s):

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