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In re: DIANN MARIE CATES

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Summaries by Bradley Pearce

In re GREGORY LEE CUTULI

Citation:
20-14515 (11th Circuit, Sep 23,2021) Published
Case Status:
Affirmed
Ruling:
Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
Judge(s):
JILL PRYOR, LUCK, and MARCUS, Circuit Judges
Tag(s):

Christos Dimas v. George Stergiadis

Citation:
20-1196 (7th Circuit, Sep 20,2021) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court did not commit error when it (i) found a debtor who, among other things, concealed assets in a bankruptcy was not credible and (ii) allowed a claim for unpaid equalizing capital...
Judge(s):
Easterbrook, Wood, and Kirsch
Tag(s):

IN RE: STEVEN RICHARD ALECKNA; JAIME SUE ALECKNA

Citation:
No. 20-1309 (3rd Circuit, Sep 09,2021) Published
Case Status:
Affirmed
Ruling:
Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
Judge(s):
GREENAWAY, JR., SHWARTZ, and FUENTES
Tag(s):

In re Patow

Citation:
BAP No. CC-20-1285-GTL (9th Circuit, Sep 03,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
Judge(s):
GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges
Tag(s):

In re Robert Edward Zuckerman

Citation:
BAP No. CC-20-1186-TLG (9th Circuit, Jul 28,2021) Not Published
Case Status:
Affirmed
Ruling:
A judgment entered by a California court against a debtor for fraud is entitled to preclusive effect, even if the debtor did not participate in the state-court trial, so long as there is an...
Judge(s):
TAYLOR, LAFFERTY, and GAN, Bankruptcy Judges
Tag(s):

In re Algozine Masonry Restoration, Inc.

Citation:
20-3384 (7th Circuit, Jul 26,2021) Published
Case Status:
Affirmed
Ruling:
The priority cap for employee benefit plan claims in 11 U.S.C. § 507(a)(5) is determined on a plan-by-plan basis, even if the same union is the sponsor for two or more plans. Section 507(a)(5)'s...
Judge(s):
WOOD, ST. EVE, and KIRSCH
Tag(s):

Margaret Kinney v. HSBC Bank USA

Citation:
20-1122 (10th Circuit, Jul 23,2021) Published
Case Status:
Affirmed
Ruling:
A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...
Judge(s):
BACHARACH, EBEL, and EID
Tag(s):

In re Kevin Harris

Citation:
19-11286 (11th Circuit, Jul 14,2021) Published
Case Status:
Affirmed
Ruling:
A default judgment against a debtor, on a complaint that alleges alternative causes for liability, does not satisfy the requirements of § 523(a)(2)(A) under Florida law regarding collateral...
Judge(s):
JORDAN, MARCUS, and GINSBURG (United States Circuit Judge for the District of Columbia, sitting by designation)
Tag(s):

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

Citation:
20-8048 (10th Circuit, Jul 09,2021) Not Published
Case Status:
Affirmed
Ruling:
In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...
Judge(s):
MATHESON, BACHARACH, and CARSON
Tag(s):

Bank of New York Mellon v. 732 Hardy Way Trust

Citation:
19-17048 (9th Circuit, Jun 25,2021) Published
Case Status:
Reversed and Remanded
Ruling:
A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...
Judge(s):
Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges
Tag(s):

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