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Summaries by Bradley Pearce

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):

In re Medina

Citation:
BAP No. SC-19-1299-FSG (9th Circuit, Aug 14,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Judge(s):
FARIS, SPRAKER, and GAN, Bankruptcy Judges
Tag(s):

In re Donald and Jane Nichols

Citation:
BAP No. AZ-20-1032-TaLB (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
Judge(s):
TAYLOR, LAFFERTY, and BRAND, Bankruptcy Judges
Tag(s):

In re Fansteel Foundry Corporation

Citation:
20-6005 (8th Circuit, Aug 07,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
Tag(s):

GPIF Aspen Club LLC v. The Aspen Club & Spa, LLC

Citation:
BAP No. CO-19-043 (10th Circuit, Jul 24,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

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