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Summaries by Bradley Pearce
- Citation:
- CC-22-1156-FSG and CC-22-1157-FSG (9th Circuit, Jun 02,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- Participants in an ESOP plan established by an S corporation have claims against the plan, not against the corporation itself. As a result, the plan participants' claims were disallowed,
- Judge(s):
- FARIS, SPRAKER, and GAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC-22-1152-LSC and BAP No. CC-22-1153-LSC (9th Circuit, May 23,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court properly granted the defendants' motion to dismiss a complaint under Rule 12(b)(6) because the debtor/plaintiff had participated with the defendants in the illegal conduct that...
- Judge(s):
- LAFFERTY, SPRAKER, and CORBIT, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 22-50453 (5th Circuit, Apr 28,2023) Published
- Case Status:
- Affirmed
- Ruling:
- The sole member of a Chapter 7 debtor lacks standing to appeal an order that compelled him to give the trustee access to and control of financial and other systems and records used in the debtor's...
- Judge(s):
- CLEMENT, OLDHAM, and WILSON
- Tag(s):
-
- Citation:
- BAP No. NV-22-1175-GCB (9th Circuit, Apr 12,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- Under the principles of claim preclusion, a prior Rule 12(b)(6) dismissal of the debtor's claims by the United States District Court precluded the debtor from reasserting the same claims in...
- Judge(s):
- GAN, CORBIT, and BRAND, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. NV221174CBG (9th Circuit, Apr 03,2023) Published
- Case Status:
- Affirmed
- Ruling:
- Section 523(a)(19) of the Bankruptcy Code does not require a judgment creditor to re-litigate securities violations in bankruptcy court if a court of competent jurisdiction has entered a judgment...
- Judge(s):
- CORBIT, BRAND, and GAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. AZ-21-1203-FLS, BAP N0. AZ-22-1104-FLS (9th Circuit, Mar 14,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court properly held that the debtors' obligation to plaintiff was not dischargeable under 11 U.S.C. § 523(a)(6) because the evidence showed that the male debtor had intentionally...
- Judge(s):
- FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC221084 (9th Circuit, Mar 02,2023) Published
- Case Status:
- Affirmed
- Ruling:
- A bankruptcy trustee's action to avoid a transfer under 11 U.S.C. § 544(b) and Cal. Civ. Code § 3439.09 nearly seven years after the transfer occurred was timely because California law provides...
- Judge(s):
- CORBIT, FARIS, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 22-2003, 22-2004, 22-2005, 22-2006, 22-2007, 22-2008, 22-2009, 22-2010, 22-2011 (3rd Circuit, Jan 30,2023) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- The bankruptcy case must be dismissed because the debtor is not in imminent financial distress.
In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
- Judge(s):
- AMBRO, RESTREPO, and FUENTES
- Tag(s):
-
- Citation:
- 22-1004 (10th Circuit, Jan 18,2023) Published
- Case Status:
- Affirmed
- Ruling:
- When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
- Judge(s):
- HOLMES, EBEL, and EID
- Tag(s):
-
- Ruling:
- A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...
- Judge(s):
- ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge
- Tag(s):
-
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