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Summaries by Bradley Pearce
- Ruling:
- In addition to providing an excellent summary of the legal standards for dischargeability and discharge under 11 U.S.C. §§ 523 and 727, the Court of Appeals reversed the bankruptcy court's...
- Judge(s):
- Graves, Engelhardt, and Oldham, Circuit Judges
- Tag(s):
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- Citation:
- 24-1212 (3rd Circuit, Sep 03,2025) Published
- Case Status:
- Affirmed
- Ruling:
- Seeking to clarify the Rooker-Feldman doctrine, the Third Circuit explained that the Rooker-Feldman doctrine applied to preclude federal courts, other than the Supreme Court, from entering any...
- Judge(s):
- BIBAS, PHIPPS, and AMBRO, Circuit Judges
- Tag(s):
-
- Ruling:
- In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
- Judge(s):
- HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 24-4033 (10th Circuit, Jul 22,2025) Published
- Case Status:
- Affirmed
- Ruling:
- Affirming the bankruptcy court and the BAP, the Court of Appeals ruled that a guarantor's execution of a guaranty and his payment thereunder were not avoidable under Utah's Uniform Fraudulent...
- Judge(s):
- HARTZ, MORITZ, and ROSSMAN, Circuit Judges
- Tag(s):
-
- Citation:
- 23-12847 (11th Circuit, Jul 08,2025) Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court's exercise of its power under 11 U.S.C. § 362(d) to annul the automatic stay was not subject to the Supreme Court's prohibition on nunc pro tunc orders. See Catholic...
- Judge(s):
- WILLIAM PRYOR, Chief Judge, and GRANT and KIDD, Circuit Judges.
- Tag(s):
-
- Citation:
- 24-9011 (6th Circuit, Apr 17,2025) Published
- Case Status:
- Affirmed
- Ruling:
- A party that litigates using the in forma pauperis provisions of 28 U.S.C. § 1915 is subject to heightened pleading standards by 28 U.S.C. § 1915(e)(2), so the trial court, sua sponte, should...
- Judge(s):
- BAUKNIGHT, CROOM, and GREGG, Bankruptcy Appellate Panel Judges
- Tag(s):
-
- Ruling:
- Under Johnson v. Home State Bank, 501 U.S. 78 (1991), a person whose personal liability on a debt is discharged in bankruptcy is still a consumer with a debt under the federal Fair Debt Collection...
- Judge(s):
- HARRIS, HEYTENS, and BERNER, Circuit Judges
- Tag(s):
-
- Citation:
- 23-11120 (5th Circuit, Mar 27,2025) Not Published
- Case Status:
- Affirmed
- Ruling:
- In a decision that hinged on whether a transfer of part of a lessee's interest in real property was a sublease or an assignment under Louisiana law, the court affirmed the bankruptcy court's...
- Judge(s):
- Jones, Willett, and Engelhardt, Circuit Judges
- Tag(s):
-
- Citation:
- 23-3895 (6th Circuit, Mar 20,2025) Not Published
- Case Status:
- Affirmed
- Ruling:
- In yet another example of the truth of the adage that "the man who is his own lawyer has a fool for his client," the Court of Appeals affirmed the defendant's convictions for bankruptcy and mail...
- Judge(s):
- MURPHY, DAVIS, and BLOOMEKATZ, Circuit Judges
- Tag(s):
-
- Ruling:
- The Court of Appeals found that the facts supported the bankruptcy court's finding that a debt was nondischargeable due to the debtor's failure to disclose material facts before entering into an...
- Judge(s):
- SANCHEZ and H.A. THOMAS, Circuit Judges, and DONATO, District Judge, sitting by designation
- Tag(s):
-
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