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Summaries by Bradley Pearce

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):

In re Thomas Perez

Citation:
BAP No. CC-20-1280-LFT (9th Circuit, Jun 17,2021) Published
Case Status:
Affirmed
Ruling:
Under Hitt v. Glass (In re Glass), 164 B.R. 759, 765 (9th Cir. BAP 1994), aff’d, 60 F.3d 565 (9th Cir. 1995), a trustee may defeat a debtor's exemption on property released from a lien or...
Judge(s):
LAFFERTY, FARIS, and TAYLOR, Bankruptcy Judges
Tag(s):

In re Lac-Megantic Train Derailment Litigation

Citation:
No. 17-1108 (1st Circuit, Jun 02,2021) Published
Case Status:
Affirmed
Ruling:
The Federal Rules of Bankruptcy Procedure, and not the Federal Rules of Civil Procedure, apply to cases for which federal courts have jurisdiction under the "related to" jurisdictional grant of 28...
Judge(s):
Lynch and Selya, Circuit Judges, and Katzmann, Judge of the US Court of International Trade, sitting by designation
Tag(s):

In re Venoco LLC

Citation:
Nos. 20-1061; 20-1062 and 20-1063 (3rd Circuit, May 24,2021) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court had jurisdiction over the State of California and a California commission (the "California Parties") to determine whether the California Parties owed funds to the...
Judge(s):
AMBRO, PORTER, and ROTH
Tag(s):

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):

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