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Summaries by Bradley Pearce

Burch v. Freedom Mortgage, et al

Citation:
No. 20-10498 (5th Circuit, Jan 08,2021) Not Published
Case Status:
Dismissed
Ruling:
Two of the appellant's appeals were dismissed for lack of jurisdiction because the lower court had not yet entered a final, appealable order. The remaining appeals were denied, and the district...
Judge(s):
Jolly, Elrod, and Graves
Tag(s):

Flat Stone Development Co., et al v. Jay Cohen pub

Citation:
19-20152 (5th Circuit, Dec 15,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A state court that granted summary judgment improperly excluded evidence that would be sufficient to change the outcome of the summary judgment motion. The state court's evidentiary rulings are...
Judge(s):
Graves, Costa, and Engelhardt
Tag(s):

VIncent Manikan v. Peters and Freeman, LLP

Citation:
No. 19-55393 (9th Circuit, Nov 25,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
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):

In re Barbara Wigley

Citation:
18-6027 (8th Circuit, Sep 25,2020) Published
Case Status:
Affirmed
Ruling:
Without referring to the Rooker-Feldman doctrine or any type of preclusion doctrine, the Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that a state court judgment, which held...
Judge(s):
NAIL,SHODEEN,and DOW,BankruptcyJudges
Tag(s):

In re Farwest Pump Company

Citation:
BAP No. AZ-19-1274-LBT (9th Circuit, Sep 18,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
Judge(s):
LAFFERTY, BRAND, and TAYLOR, Bankruptcy Judges
Tag(s):

In re Feshback

Citation:
19-10060 (11th Circuit, Sep 09,2020) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
Tag(s):

McDaniel v. Navient Solutions

Citation:
18-1445 (10th Circuit, Aug 31,2020) Published
Case Status:
Affirmed
Ruling:
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
Judge(s):
BRISCOE, HOLMES, and EID
Tag(s):

Annette Diaz v. Mary Viegelahn

Citation:
19-50982 (5th Circuit, Aug 26,2020) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
Judge(s):
STEWART, CLEMENT, and COSTA
Tag(s):

First American Title Insurance v. Michael Smith

Citation:
BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
Case Status:
Affirmed
Ruling:
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

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