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Summaries by Bradley Pearce

In re- CHRISTINA GREENFIELD

Citation:
BAP No. ID-21-1150-SFB (9th Circuit, Apr 14,2022) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 debtor whose estate is insolvent lacks standing to object to any claim if the estate is insolvent because the debtor will not be affected by the outcome of the claims litigation.
Judge(s):
SPRAKER, FARIS, and BRAND, Bankruptcy Judges
Tag(s):

In re- BRUCE ELIEFF

Citation:
BAP No. CC-21-1081-SFL (9th Circuit, Mar 21,2022) Published
Case Status:
Affirmed
Ruling:
A damages award for breach of a settlement agreement that (i) required one party to transfer his interests in various entities to another person in exchange for payments over time, (ii) made the...
Judge(s):
SPRAKER, FARIS, and LAFFERTY, Bankruptcy Judges
Tag(s):

In re - HARLAN PAGE CONFER, III and CHARLOTTE CLUFF CONFER

Citation:
BAP No. EC-21-1140-TBG (9th Circuit, Mar 10,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
Judge(s):
TAYLOR, BRAND, and GAN, Bankruptcy Judges
Tag(s):

In re: ANTONIO ALEJANDRO GUTIERREZ

Citation:
BAP No. ID-21-1156-SGB (9th Circuit, Mar 02,2022) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court correctly ruled that it did not have jurisdiction over a former debtor's claims relating to fees owed by the debtor who, as a prisoner, filed petitions in forma pauperis. Under...
Judge(s):
SPRAKER, GAN, and BRAND, Bankruptcy Judges
Tag(s):

In re: ROSA FRIDMAN

Citation:
BAP No. CC-21-1101-LSF (9th Circuit, Feb 11,2022) Not Published
Case Status:
Affirmed
Ruling:
A debtor who, on the petition date, lives in property for which the debtor has filed a homestead declaration and has stated an intent to continue living, is presumed to be able to declare a...
Judge(s):
LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges
Tag(s):

In re: VICTORIA M. GEWALT,

Citation:
BAP No. EC-21-1172-TBG (9th Circuit, Feb 02,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
Judge(s):
TAYLOR, BRAND, and GAN, Bankruptcy Judges
Tag(s):

Jill Olsen v. Lee Kraus

Citation:
20-2771 (8th Circuit, Jan 31,2022) Published
Case Status:
Affirmed
Ruling:
A defendant in a trial for conspiracy to breach fiduciary duty must specify the law and facts that would entitle the defendant to a judgment as a matter of law. The defendant and may not wait...
Judge(s):
LOKEN, COLLOTON, and BENTON
Tag(s):

In Re: Mosaic Management Group, Inc.,

Citation:
20-12547 (11th Circuit, Jan 14,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The difference in Chapter 11 quarterly fees collected in UST versus Bankruptcy Administrator (BA) districts following the Bankruptcy Judgeship Act of 2017 did not violate the uniformity requirement...
Judge(s):
Jordan, Brasher, and Anderson
Tag(s):

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