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Summaries by Bradley Pearce

In re Paul Francis

Citation:
19-9011 (1st Circuit, Apr 27,2021) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court's authority to enforce its own orders gives the court power to dismiss a bankruptcy petition, and to deny the debtor a discharge, if the debtor willfully fails to comply with the...
Judge(s):
Thompson, Selya, and Kayatta
Tag(s):

In re Cambridge Land Co

Citation:
OR-20-1110-BKT and OR-20-1111-BKT (9th Circuit, Apr 02,2021) Published
Case Status:
Affirmed
Ruling:
Defendants of malpractice claims of former Chapter 11 debtors did not have standing to object to a bankruptcy court's decision allowing the debtors to reopen their bankruptcy cases to file amended...
Judge(s):
BRAND, KLEIN, and TAYLOR, Bankruptcy Judges
Tag(s):

Victor Kearney v. Unsecured Creditors Committee

Citation:
BAP No. NM-20-033 (10th Circuit, Mar 12,2021) Published
Case Status:
Affirmed
Ruling:
An individual who files a chapter 11 case does not have an absolute right under § 1112(a) to convert her bankruptcy case to a chapter 7 proceeding. Section 1112(a) of the Bankruptcy Code is...
Judge(s):
ROMERO, SOMERS, and PARKER
Tag(s):

Zurich American Insurance Company v. Ocwen Financial Corporation

Citation:
19-3052 (7th Circuit, Mar 12,2021) Published
Case Status:
Affirmed
Ruling:
A creditor or debt collector who violates the bankruptcy discharge, the Fair Debt Collection Practices Act ("FDCPA"), and the Telephone Consumer Protection Act ("TCPA") was not entitled to have its...
Judge(s):
EASTERBROOK, ROVNER, and WOOD
Tag(s):

In re Jesslyn Anderson

Citation:
20-60014 (9th Circuit, Mar 01,2021) Published
Case Status:
Affirmed
Ruling:
A chapter 7 debtor retains her Washington state homestead exemption even if she moves out of the house after the filing of the bankruptcy case and does not re-occupy or file a declaration of...
Judge(s):
M. Margaret McKeown and Richard A. Paez, Circuit Judges, and William Horsley Orrick (N.D. Cal.; by designation)
Tag(s):

In re Derek Luebbert

Citation:
19–2751 (8th Circuit, Feb 09,2021) Published
Case Status:
Affirmed
Ruling:
The facts were sufficient to show that the debtor willfully and maliciously harmed his former employer, supporting the bankruptcy court's determination that a judgment debt was nondischargeable...
Judge(s):
SMITH, Chief Judge, BENTON and KOBES
Tag(s):

In re Contini

Citation:
BAP No. NV-19-1322-LBF (9th Circuit, Feb 03,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's dismissal of the debtor's case for failures to file schedules and a plan, to turn over tax returns and financial documentation, and to...
Judge(s):
LAFFERTY, BRAND, and FARIS, Bankruptcy Judges
Tag(s):

David Johnson v. Joseph Smith

Citation:
20-5505 (6th Circuit, Jan 28,2021) Not Published
Case Status:
Affirmed
Ruling:
The plaintiff's failure to serve a summons on a defendant in a defendant in an adversary proceeding as required by Fed. R. Bankr. P. 7004(e), and failure to timely cure his failure to properly...
Judge(s):
BATCHELDER, STRANCH, and NALBANDIAN
Tag(s):

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):

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