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In re Salma Merritt

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 1 year 1 month ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-20-1026-TFB (9th Circuit, Dec 02,2020) Not Published
Case Status:
Affirmed
Ruling:
US Bank, as trustee ("Secured Creditor") evidenced its right to enforce deed of trust. 11 U.S.C. Sec. 362(d)(4) inclusion of "scheme" means "an intentional artful plot or plan." Thus it is not...
Judge(s):
Honorable Taylor, Faris, and Brand
Tag(s):

In re Bernd Schaefers

Citation:
20-1067 (9th Circuit, Dec 01,2020) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the disallowance, by the U.S. Bankruptcy Court for the Central District of California (BC), of the Debtor's claim of a homestead...
Judge(s):
Gary A. Spraker; Scott H. Gan; and William Lafferty
Tag(s):

In re William Harold Thomas

Citation:
20-8002 (6th Circuit, Nov 23,2020) Not Published
Case Status:
Affirmed
Ruling:
A panel of the Bankruptcy Appellate Panel for the Sixth Circuit (BAP or Panel) affirmed, "solely" on procedural grounds, the decision of the United States Bankruptcy Court for the Western District...
Judge(s):
Beth A. Buchanan; Randall S. Mashburn; Jessica E. Price Smith
Tag(s):

Lawrence Wohleber, Jr. v. Jennifer Skurko

Citation:
19-3223, 19-3225 (6th Circuit, Nov 18,2020) Not Published
Case Status:
Dismissed
Ruling:
The Panel dismissed the appeal, of Jennifer Skurko (Skurko) and Leslie Gentile (Gentile, and with Skurko, Defendants), of an order of the Bankruptcy Appellate Panel (BAP), which reversed the...
Judge(s):
Helene N. White; Alice M. Batchelder; and Eric E. Murphy
Tag(s):

In re Michael Maloney

  • Summarized by Sarah Tomlinson , Office of the U.S. Trustee
  • 1 year 2 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1130-LST (9th Circuit, Nov 06,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full in that property held by an LLC under Minnesota law is not property of an individual debtor. Therefore, the automatic stay does not extend to...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Anselmo and Alma Cabral

  • Summarized by Sarah Tomlinson , Office of the U.S. Trustee
  • 1 year 2 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1061-LST (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Hsin-Shawn Cyndi Sheng

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 2 months ago
Citation:
BAP No. EC-19-1317-TLS (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's decision to award an administrative expense claim to the tenant of the individual chapter 7 debtor after the trustee had...
Judge(s):
TAYLOR, LAFFERTY, and SPRAKER
Tag(s):

In re Leucadia Group, LLC

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 1 year 2 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. SC-20-1066-GFB (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
Full Faith and Credit Act requires bankruptcy courts to give the same preclusive effect to a state court judgment. Under Georgia law, a voluntary dismissal with prejudice operates as an...
Judge(s):
Honorable Gan, Faris, and Brand, Bankruptcy Judges
Tag(s):

In re Tammy Ogletree

  • Summarized by Sarah Tomlinson , Office of the U.S. Trustee
  • 1 year 2 months ago
Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. NC-20-1087-FBG (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full. The BAP discussed that bankruptcy court did not error in determining the present value available for distribution or the amount available under a...
Judge(s):
The Hons. Faris, Brand, and Gan
Tag(s):

Henry Hobbs, Jr. v. Buffets, L.L.C., et al

  • Summarized by Ryan Richmond , Sternberg, Naccari & White, LLC
  • 1 year 2 months ago
Citation:
19-50765 (5th Circuit, Nov 03,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
(1) Disbursements, for quarterly U.S. Trustee fee purposes, includes all payments made by the debtor, not just bankruptcy-related expenses. (2) The 2017 amendment that temporarily, but...
Judge(s):
Stewart, Clement and Costa, Circuit Judges
Tag(s):

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