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Summaries by Bradley Pearce
- Citation:
- BAP No. CO-20-062 (10th Circuit, Nov 12,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
- Judge(s):
- SOMERS, JACOBVITZ, and LOYD, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 20-11652 (11th Circuit, Nov 01,2021) Published
- Case Status:
- Affirmed
- Ruling:
- 11 U.S.C. § 363(m) made the individual debtors' appeal of a sale of property statutorily moot when the debtors failed to post a supersedeas bond and the sale was consummated.
In dictum, the...
- Judge(s):
- JORDAN, BRASHER, and JULIE CARNES, Circuit Judges
- Tag(s):
-
- Citation:
- BAP No. CC-21-1046-GHL (9th Circuit, Oct 22,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court did not abuse its discretion in denying a debtor's motion to reconsider the bankruptcy court's decision not to reopen a bankruptcy case that was dismissed in 1984 when the...
- Judge(s):
- GAN, HESTON,** and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
- Judge(s):
- HOLMES, BRISCOE, and EID
- Tag(s):
-
- Citation:
- 20-14515 (11th Circuit, Sep 23,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
- Judge(s):
- JILL PRYOR, LUCK, and MARCUS, Circuit Judges
- Tag(s):
-
- Citation:
- 20-1196 (7th Circuit, Sep 20,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A bankruptcy court did not commit error when it (i) found a debtor who, among other things, concealed assets in a bankruptcy was not credible and (ii) allowed a claim for unpaid equalizing capital...
- Judge(s):
- Easterbrook, Wood, and Kirsch
- Tag(s):
-
- Citation:
- No. 20-1309 (3rd Circuit, Sep 09,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
- Judge(s):
- GREENAWAY, JR., SHWARTZ, and FUENTES
- Tag(s):
-
- Ruling:
- Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
- Judge(s):
- GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC-20-1186-TLG (9th Circuit, Jul 28,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- A judgment entered by a California court against a debtor for fraud is entitled to preclusive effect, even if the debtor did not participate in the state-court trial, so long as there is an...
- Judge(s):
- TAYLOR, LAFFERTY, and GAN, Bankruptcy Judges
- Tag(s):
-
- 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):
-
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