In re Clifford Allen Brace Jr.

Citation:
17-60032 (9th Cir.) (9th Circuit, Nov 09,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the bankruptcy court's finding that one real property held by the debtor and his non-debtor spouse was community property based on the California community property...
Judge(s):
Callahan, Nguyen, Ezra
Tag(s):

In re Glenview Health Care Facility, Inc.

Citation:
19-8028 (6th Circuit, Nov 06,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court erred by disqualifying proposed counsel for a creditors' committee based on the court's conclusion that the law firm's prior representation of a 50% shareholder of the debtor...
Judge(s):
BUCHANAN, DALES, and MASHBURN
Tag(s):

Wells Fargo Bank N.A. v. Mahogany Meadows Avenue Trust

Citation:
18-17320 (9th Circuit, Nov 05,2020) Published
Case Status:
Affirmed
Ruling:
Wells Fargo (WF), the panel held, did not suffer an uncompensated taking under the Constitution’s Takings Clause (TC). Below, WF had attacked a foreclosure sale by a homeowners’ association...
Judge(s):
Mary H. Murguia; Eric D. Miller; and George Caram Steeh III
Tag(s):

LaTasha Tennial v. REI Nation

Citation:
No. 20-5358 (6th Circuit, Oct 28,2020) Published
Case Status:
Affirmed
Ruling:
Having previously treated Bankruptcy Rule 8002(a)(1)'s appellate deadline as jurisdictional, the Sixth Circuit here held it to be mandatory. The panel pointed to Supreme Court cases limning the...
Judge(s):
Jeffrey S. Sutton; Deborah L. Cook; and Helene N. White
Tag(s):

Saeed Rohi v. J. Mark Brewer, et al

Citation:
20-20005 (5th Circuit, Oct 28,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Res judicata does not bar a plaintiff from suing his former attorneys based on statements they allegedly made to him in connection with a settlement approved by the bankruptcy court. Under the...
Judge(s):
Ho, Dennis, Southwick
Tag(s):

Lloyd Ward v. Robert Yaquinto, et al

Citation:
18-10469 (5th Circuit, Oct 23,2020) Published
Case Status:
Affirmed
Ruling:
(1)-Bankruptcy Court had the equitable power under Section 105 (a) to correct any error it may have made in changing the date for the first creditors' meeting after the case was transferred from...
Judge(s):
Owen, Clement and Ho
Tag(s):

Thomas Scott Tufts v. Edward C. Hay

Citation:
United States Court of Appeals for the Eleventh Circuit Nos. 19-11496 & 19-11603 (11th Circuit, Oct 20,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals for the Eleventh Circuit (COA) affirmed the U.S. District Court’s decision to deny the motion to dismiss for lack of personal jurisdiction. However, the COA reversed the...
Judge(s):
The Hons. Martin, Rosenbaum, and Tallman
Tag(s):

Christopher Marino v. Ocwen Loan Servicing

Citation:
9th Cir. Case No. 19-15530 (9th Circuit, Oct 20,2020) Published
Case Status:
Affirmed
Ruling:
Ninth Circuit affirmed District Court (D. Nev.) grant of summary judgment in favor of defendant. The COA held that a violation under the Fair Credit Report Act (FCRA), 15 U.S.C. Sec. 1681(a)(3)(A)...
Judge(s):
Richard A. Paez, Carlos T. Bea, Lynn S. Adelman (District Judge sitting by appointment)
Tag(s):

In re Phillip and Jennifer Rodriguez

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. NC-20-1086-TaBG (9th Circuit, Oct 16,2020) Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court’s denial of confirmation and decision to disallow vehicle operation expense over the value provided by the Local Standards set forth by the Internal Revenue...
Judge(s):
The Hons. Taylor, Brand, and Gan
Tag(s):

In re Rudolf Sienega

Citation:
EC-19-1334-FLS (9th Circuit, Oct 05,2020) Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court decision finding that the Debtor's state tax debts were nondischargeable under § 523(a)(1)(B), because notifying the California Franchise Tax Board (FTB) of...
Judge(s):
The Hons. Faris, Lafferty, and Spraker
Tag(s):

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